Bombay High Court allows tunnelling work under Parsi fire temples for Metro 3 work

After nearly nine months, the Bombay High Court on Friday, vacated the stay imposed by it earlier on tunnelling work below two Parsi fire temples at Kalbadevi, for constructing the Metro 3 rail line.

A division bench of Chief Justice Naresh Patil and Justice Rajesh Ketkar, dismissed the plea filed by four members of the Parsi community—civil engineer and Architect Jamshed Sukhadwala, Trustees of the Shah Varzaavand Trust Ratan Patel and Behruz Irani and renowned religious scholar of the Zoroastrian faith and a qualified priest, Berges Desai.

The four had sought realignment of the Metro 3 rail line, which is going to connect Colaba to Seepz. Their primary contention was that both the Atash Behrams (fire temples) were heritage structures having a special religious and spiritual significance for Zoroastrians. The construction violates the Fundamental Rights of Zoroastrians under Articles 14 , 21, 25 and 29, of the Constitution of India. If the proposed project is allowed to continue in the current form then, it will lead to desecration of the holy consecrated Atash Behrams.

However, the Mumbai Metro Rail Corporation Limited (MMRCL) opposed the plea saying that the structural audit carried out by them shows that no damage would be done to the temples and the tunnel will be much below ground level and safety precautions will be taken during and after the work.

The bench while allowing the plea also accepted a report submitted by the Veermata Jijabai Technological Institute (VJTI), supporting the claim of MMRCL. The report said tunnelling work and operation of Metro 3, under the two Parsi fire temples, at Kalbadevi, will not have any adverse impact on the temples.

It had recommended that excavation work for Kalbadevi station near the corner of Wadiaji Atash Behram, shall be carried out by drilling line holes to the bottom for the plan area 3x3 metre. Further, excavation in remaining areas shall be carried out by mechanical means or through control blasting. The perforation by line drilling will further reduce vibrations on Atash Behram buildings.

The bench asked the corporation to monitor the work on a per hour basis to ensure that both Atash Behram structures should be closely monitored for settlement, vibrations, tilt and change in crack width before, during and after tunnelling and construction of proposed Kalbadevi station. Vibration monitoring shall be carried out on a 24/7 basis during construction. Well water should also be closely monitored for its level and quality.

The petitioners sought a stay on the judgment for them to approach the Supreme Court, but following the MMRCL's arguments that a daily loss of Rs 4 crore is being incurred as the TBM machine is not being allowed to operate, the court dismissed the request.

TECHNOLOGY VS. RELIGION

The Parsi community prepares to approach the Supreme Court

POINT OF CONTENTION

• The four petitioners representing the Parsi community had sought realignment of the Metro 3 rail line, which, if built, will be connecting Colaba to Seepz 
   
• Their primary contention was, both the Atash Behrams are heritage structures having a special spiritual significance for Zoroastrians 

QUICK RECAP

May 23 
4 members of the Parsi community approach HC, seeking a stay on the tunnelling work under 2 Atash Behrams at Kalbadevi, stating that it would damage the well and fire, inside the temple. By way of interim relief, court stays construction work

July 25 
Court appoints VJTI to examine impact of proposed Metro work (including tunnelling and construction of the proposed Kalbadevi station), both during its construction and operation

August 9 
VJTI submits its report to the court, which said that tunnelling work and operation of Metro 3, under 2 Parsi fire temples, at Kalbadevi, won’t have any adverse impact on the temples

September 28 
Parties conclude their arguments

November 30 
HC dismisses plea, refuses to grant stay on its judgment to allow approaching SC. Lifts stay on tunnelling work