The Bombay High Court on Wednesday asked the State Government to appoint Maharashtra Pollution Control Board (MPCB), to record noise level in Cuffe Parade, around the Metro 3 railway line construction site. Noise levels have to be recorded for 24-hours, for a period of seven days.
During the last hearing, a division bench of Justice Abhay Oka and Justice Riyaz Chagla had asked MPCB officials whether it can carry out the decibel recording work. In reply, an MPCB official who was present in court said that since the civic body does not have sufficient manpower, it will outsource the work to a private agency.
Initially, the court suggested it monitor the decibel level for a month and submit a report. Later, on the insistence of the official, the court reduced the time period to a week and asked to appoint an agency for the same within ten days.
Based on a report by NEERI that say noise levels are already high in the area, Advocate General Ashutosh Kumbhakoni appearing for the state had earlier said the noise levels due to the construction of the Metro rail line, would not go up substantially than it is at present.
Senior advocate S U Kamdar appearing for the contractor argued that larger public interest which will be served after the construction of the Metro 3 line, between Cuffe Parade and Seepz, will have to be considered, before ruling on fundamental rights to live in a pollution-free environment of an individual.
The direction was given during the hearing of a plea filed by the Mumbai Metro Rail Corporation Limited seeking permission to carry out work for 24 hours, for 18 months.
The state has also claimed that Metro construction is governed under the Metro Railway Act, and thus a general enactment like the Environment Act would not be applicable. Thus, it need not follow the provisions of the Noise Pollution Act.
HC ORDER
- Bombay HC asked the State Government to appoint MPCB, to record noise level in Cuffe Parade, around the Metro 3 railway line construction site
- Noise levels have to be recorded for 24-hours, for a period of seven days
