The Bombay High Court is considering a petition filed to halt construction of the Mumbai Metro under two Zoroastrian temples in the city..The petition filed by former J Sagar & Associates Senior Partner Berjis Desai and others contends that the construction of Mumbai Metro Line 3, which goes directly under two of most holy Zoroastrian Holy Fire Temples, will amount to a violation of the fundamental rights of the petitioners under Articles 14, 21, 25 and 29 of the Constitution..The Metro Line, running along Colaba-Bandra-SEEPZ, is purported to be constructed under the HB Wadia Atash Behram and the Zarathoshti Anjuman Atash Behram (built 188 and 122 years ago respectively). These buildings are classified as heritage buildings under Regulation 67 of the Development Control Regulations of 1991 and hold special religious and spiritual significance for Zoroastrians..The petition contends that apart from resulting in the desecration of the two holy sites, the construction of the Metro Line will threaten the structural safety of the Atash Behrams, and will likely cause the wells located beneath them to run dry..The fire is considered the central focus of all Zoroastrian ceremonies and is a divine source of spiritual energy in the Universe. Physical forms of ever-burning fires are installed in the sanctum sanctorum of the fire temples. It is contended that Zoroastrian ceremonies cannot be conducted on elevated ground. If the metro tunnel is allowed to be bored under the premises of the Atash Behrams, the spiritual circuits will be breached and negative forces of physical and spiritual will attack the holy fire..“In case the spiritual sanctity of the Atash Behrams is lost, the same can never be restored. It is virtually impossible to consecrate an Atash Behram due to a number of reasons including the non-availability of trained priests and the complex rituals involved.”.Attempts on the part of the petitioners to write to the Prime Minister and various other authorities yielded unsatisfactory responses. It is contended that metro authorities did not ask for consent to construct under the HB Wadia Atash Behram. Therefore, a writ petition was filed in the Bombay High Court..It is prayed that the Court issue a writ of mandamus prohibiting the respondents from commencing construction of the tunnel under the Atash Behrams. A direction to disclose all the information with respect to the metro construction beneath the two Atash Behrams is also sought..The matter was initially taken up by a vacation bench of Justices AS Gadkari and SJ Kathawalla, which granted interim reliefs to the petitioners on May 23..The Court also noted in this order that the trustees of the Atash Behrams have not come forward with any grievances regarding the construction of the Metro Line. The trustees have been arraigned as respondents in the case..“We are in agreement that it is the duty of the trustees of Atash Behrams, who are its guardians, to address the apprehension expressed by the members of the Zoroastrian community. It is their duty to espouse the cause of the Petitioners if they agree with them. In other words, as guardians of the Atash Behrams, they have to take a stand either ways, and not be just fence sitters. In the present dispute/controversy, the trustees of Atash Behrams have not only almost maintained stoic silence in the matter, but have despite being joined as party Respondents to the above Writ Petition, not bothered to come forward and place their views before the Court by themselves or their Advocates.”.After agreeing that the petitioners prima facie had a case which ought to be adjudicated upon, the Court directed a Committee of five members of the Board of Directors of the Mumbai Metro Rail Corporation (MMRC) to hear the petitioners, the Architect nominated by them, the trustees of Atash Behrams, the High Priests, and their advocates..The counsel for the MMRC also submitted that no drilling work would be undertaken beyond the boundaries of the Atash Behrams..After the vacation, the matter was listed before a Bench of Justices AS Oka and Riyaz Chagla. When the matter came up on Wednesday, the Bench directed the Veermata Jijabai Technological Institute to examine the impact of the proposed Metro work on the structural safety of the Atash Behrams, and on the water levels (including contamination) of the wells situated therein..VJTI is required to report to the Court within ten days, ie by August 4..The ad interim relief granted on May 23 will operate till August 8. The Court then adjourned the matter for August 6 for hearing on interim relief..The petitioners and the high priests respectively were represented by Senior Counsel Navroz Seervai and Shyam Mehta, who were briefed by former JSA Partner Zerick Dastur and ANB Legal. Senior Counsel Shreehari Aney, and later Milind Sathe appeared for the MMRC. They were briefed by Abhinav Chandrachud. Senior Counsel Fredum Devitre, briefed by Mulla & Mulla & Craigie Blunt & Caroe represented the trustees of the Atash Behrams. Dinyar Madon and Somasekhar Sundaresan represented the trusts..Read the order dated July 25:
The Bombay High Court is considering a petition filed to halt construction of the Mumbai Metro under two Zoroastrian temples in the city..The petition filed by former J Sagar & Associates Senior Partner Berjis Desai and others contends that the construction of Mumbai Metro Line 3, which goes directly under two of most holy Zoroastrian Holy Fire Temples, will amount to a violation of the fundamental rights of the petitioners under Articles 14, 21, 25 and 29 of the Constitution..The Metro Line, running along Colaba-Bandra-SEEPZ, is purported to be constructed under the HB Wadia Atash Behram and the Zarathoshti Anjuman Atash Behram (built 188 and 122 years ago respectively). These buildings are classified as heritage buildings under Regulation 67 of the Development Control Regulations of 1991 and hold special religious and spiritual significance for Zoroastrians..The petition contends that apart from resulting in the desecration of the two holy sites, the construction of the Metro Line will threaten the structural safety of the Atash Behrams, and will likely cause the wells located beneath them to run dry..The fire is considered the central focus of all Zoroastrian ceremonies and is a divine source of spiritual energy in the Universe. Physical forms of ever-burning fires are installed in the sanctum sanctorum of the fire temples. It is contended that Zoroastrian ceremonies cannot be conducted on elevated ground. If the metro tunnel is allowed to be bored under the premises of the Atash Behrams, the spiritual circuits will be breached and negative forces of physical and spiritual will attack the holy fire..“In case the spiritual sanctity of the Atash Behrams is lost, the same can never be restored. It is virtually impossible to consecrate an Atash Behram due to a number of reasons including the non-availability of trained priests and the complex rituals involved.”.Attempts on the part of the petitioners to write to the Prime Minister and various other authorities yielded unsatisfactory responses. It is contended that metro authorities did not ask for consent to construct under the HB Wadia Atash Behram. Therefore, a writ petition was filed in the Bombay High Court..It is prayed that the Court issue a writ of mandamus prohibiting the respondents from commencing construction of the tunnel under the Atash Behrams. A direction to disclose all the information with respect to the metro construction beneath the two Atash Behrams is also sought..The matter was initially taken up by a vacation bench of Justices AS Gadkari and SJ Kathawalla, which granted interim reliefs to the petitioners on May 23..The Court also noted in this order that the trustees of the Atash Behrams have not come forward with any grievances regarding the construction of the Metro Line. The trustees have been arraigned as respondents in the case..“We are in agreement that it is the duty of the trustees of Atash Behrams, who are its guardians, to address the apprehension expressed by the members of the Zoroastrian community. It is their duty to espouse the cause of the Petitioners if they agree with them. In other words, as guardians of the Atash Behrams, they have to take a stand either ways, and not be just fence sitters. In the present dispute/controversy, the trustees of Atash Behrams have not only almost maintained stoic silence in the matter, but have despite being joined as party Respondents to the above Writ Petition, not bothered to come forward and place their views before the Court by themselves or their Advocates.”.After agreeing that the petitioners prima facie had a case which ought to be adjudicated upon, the Court directed a Committee of five members of the Board of Directors of the Mumbai Metro Rail Corporation (MMRC) to hear the petitioners, the Architect nominated by them, the trustees of Atash Behrams, the High Priests, and their advocates..The counsel for the MMRC also submitted that no drilling work would be undertaken beyond the boundaries of the Atash Behrams..After the vacation, the matter was listed before a Bench of Justices AS Oka and Riyaz Chagla. When the matter came up on Wednesday, the Bench directed the Veermata Jijabai Technological Institute to examine the impact of the proposed Metro work on the structural safety of the Atash Behrams, and on the water levels (including contamination) of the wells situated therein..VJTI is required to report to the Court within ten days, ie by August 4..The ad interim relief granted on May 23 will operate till August 8. The Court then adjourned the matter for August 6 for hearing on interim relief..The petitioners and the high priests respectively were represented by Senior Counsel Navroz Seervai and Shyam Mehta, who were briefed by former JSA Partner Zerick Dastur and ANB Legal. Senior Counsel Shreehari Aney, and later Milind Sathe appeared for the MMRC. They were briefed by Abhinav Chandrachud. Senior Counsel Fredum Devitre, briefed by Mulla & Mulla & Craigie Blunt & Caroe represented the trustees of the Atash Behrams. Dinyar Madon and Somasekhar Sundaresan represented the trusts..Read the order dated July 25:
