HC asks MMRC to consult independent experts on whether Metro III could cause structural damage to the heritage structures; matter to be heard again this morning
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The Parsi community got a leg up in their battle to push the Metro III alignment away from their holiest of temples - the Wadia and Anjuman Atash Behrams - as the Bombay High Court asked the Metro authorities to hire independent experts to study the case.
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The bench, comprising Justices AS Oka and Riyaz Iqbal Chagla, advised the Mumbai Metro Rail Corporation (MMRC) to consult third-party agencies to check whether the tunnelling work for the Metro III line would cause any structural damage to the two heritage temples or to any other structures within their precincts.
During the hearing, it was also brought to light that the MMRC had earlier themselves categorised the structural condition of both Atash Behram buildings as 'unsatisfactory'. When the court enquired whether the opinion of a third-party agency had been sought, senior counsel Srihari Aney, appearing on behalf of the MMRC, said: "I don't believe we have any such opinions...there is no outside agency."
'Nothing but assurances'
The MMRC also informed the court that it had altered the alignment of tunnelling work by approximately four metres, so as to ensure no damage is caused to the temples or the holy wells. Aney told the bench that the tunnelling work would simply "touch the verandah area" of one of the two temples. He went on to assure the court that the tunnelling work would not cause any structural damage to the temples and wells.
However, Justice Oka said, "Prima facie, we feel that there should be opinion of expert agency; only your opinion won't matter. We do not find an analysis of the situation by an agency of repute in what has been submitted. Except for assurances, there is nothing else on your part.
Ultimately, this has to been seen in the context that these are very old structures." Senior counsel Navroz Seervai, who, along with senior counsel Shyam Mehta and advocate Zerick Dastur, appeared on behalf of the petitioners, said: "We are not trying to be obstructionists, but when it comes to the Metro, it appears that they have an attitude of 'it cannot be done.' We have put forward three proposals to which they have said no."
MMRC representative Aney said: "One would finally have to face the fact that certain changes happen whether we like it or not. If one has to live in this city - with any level of sanity - it has to be systematic."
Currently, the independent agencies touted to conduct the structural feasibility study are IIT Bombay and VJTI (Veermata Jijabai Technological Institute.) The matter has been slated for further hearing today at 11 am.
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