The state government on Monday, relied on a noise mapping report prepared by NEERI (National Environmental Engineering Research Institute), to inform the Bombay High Court, that the decibel levels at Cuffe Parade were already beyond permissible limits and that Metro 3 construction work, was not causing it.
Advocate General Ashutosh Kumbhakoni told the court that the decibel levels recorded indicate that on a working day, the noise levels are around 80 Db, due to various reasons, including vehicular traffic, thus it would be incorrect to say that Metro 3 construction work was causing noise pollution.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla while hearing a plea filed by the Mumbai Metro Rail Corporation limited, sought to know from it the steps it is taking to curb noise pollution at construction sites. To which the state said email address can be provided for residents to complain.
The corporation has sought permission to carry out work for 18 months, round the clock. It has claimed that since Metro is covered under the special Metro Rail Act, the noise pollution norms are not applicable to it.
The court has questioned this stand by saying that Article 21 of the Constitution of India, assures right to live in pollution free environment and the state is duty bound to uphold the fundamental rights.
Kumbhakoni, though argued that mitigating circumstances and in this case the larger public interest of constructing Metro project, which in future will be of public good will have to be considered. The court has now posted the matter for further hearing on July 3.
