Whether you need no permissions to dig roads: HC to MMRDA

The Bombay High Court today asked the Mumbai Metropolitan Region Development Authority (MMRDA) whether it required no permission of the state or the local authorities to undertake any digging or soil testing for the proposed metro lines in the city.

A bench of justices A S Oka and R I Chagla also sought to know whether MMRDA had secured the requisite permission, if any, from the Brihanmumbai Municipal Corporation for testing soil for the Mumbai metro 2B line.

The bench sought the information while hearing a petition filed by the Juhu Vile Parle Development cooperative housing society, the Gulmohar area society welfare group, and the Balabhai Nanavati Hospital in the city opposing the proposed alignment of the metro 2 B line.

The petitioners, through their counsel Venkatesh Dhond, have sought that the proposed elevated route of the said metro line linking the western and eastern suburbs of the city to be made underground.

While urging the court to direct authorities to build the said metro line underground, they told the court today that even while the matter was pending before the court, the MMRDA had begun soil testing along the roads in the said stretch without the requisite permissions.

The MMRDA's counsel, Kiran Bagalia, however, told the high court that no permissions were required for soil testing.

At this the bench asked if the MMRDA believed it had the powers to begin digging or execute any work on any public road belonging to the BMC without seeking any prior permission.

"Tell us if the law requires you to take permissions for soil testing. Because if the law requires permission, you must obtain permission. Or, are you saying that the MMRDA has the power to go and start digging any public road without prior permission from the local authorities?" the bench asked.

The bench has directed the MMRDA to give it the requisite information on an affidavit by May 2 this year.