Bombay HC says stop Metro construction work from 10 pm to 6 am

The Noise Pollution Rules prohibit construction between 10 pm and 6 am. The High Court questioned the MMRCL on who had given them exemption to carry out work during this period.

Kiran Bagalia, the counsel appearing for the MMRCL, informed the court while they had applied for permission to carry out work between 10 pm and 6 am, they were still awaiting nod from authorities. On hearing this, the Chief Justice questioned, “When permission is pending, how can you carry out work? It cannot be on the presumption that it is pending and will eventually be granted.”

The High Court said it also wanted the Maharashtra Pollution Control Board to inform it whether work can be carried out in the area at night. The MMRCL told the court it was only carrying out concretising work at night. “Don’t ask us for exceptions and ask us to remove restrictions,” said the Bench.

“We direct MMRCL not to carry out any construction as well as ancillary works between 10 pm and 6 am,” said the Chief Justice. The MMRCL then sought permission to allow trucks in the area. “Why, doesn’t the truck make sound,” questioned the Chief Justice.

The petitioner has sought that his two daughters, aged 4 and 8, be paid Rs 10,000 each per day from February 1 onward “for the suffering and hardship caused to them”. According to the petition, work is carried out at night too and the construction equipment emits noise in excess of 70-80 decibels, violating noise pollution norms.

The Noise Pollution Control Rules prescribe maximum ambient sound levels of 55 decibels in the day and 45 decibels in the night in residential areas, according to Jaisinghani.