MUMBAI: The Bombay high court on Friday came out in support of the Mumbai metro and suggested a "workable solution" should be arrived at between its operator and residents of the metropolis who complain of noise pollution due to the ongoing work.The HC observed the project would be beneficial to lakhs of Mumbaikars and efforts should be made to ensure its construction work progresses smoothly as it declined to relax restriction on work during night hours on the stretch linking south Mumbai with the suburbs.A division bench of Justices A S Oka and Riyaz Chagla asked Mumbai Metro Rail Corporation Ltd (MMRCL) and residents complaining of noise pollution to arrive at a workable solution.However, the bench declined to permit the MMRCL to carry out construction work for the Metro III line during night time till August 10 by when the Maharashtra Pollution Control Board (MPCB) would submit its report on ambient noise levels at Cuffe Parade in south Mumbai."This report needs to be looked into. Till that time the present order prohibiting any night time construction work will have to continue," the court said.The bench, however, added that it cannot overlook the fact that the metro project, once functional, would be beneficial to lakhs of Mumbaikars."Therefore, it is true that some balancing act is required to be maintained so that while the larger public interest does not suffer, the rights of individual guaranteed under Article 21 of the Constitution of India to live in a pollution-free environment and the Noise Pollution Rules are also protected," the court said."Some workable solution needs to be arrived at so that work of the project progresses in a smooth manner. We hope and trust that the MMRCL and the contractor (Larsen and Toubro) take efforts to ensure that minimum nuisance is caused at least during night time," Justice Oka said.The court also directed the MMRCL to immediately set up a grievance redressal mechanism where people can lodge complaints.The bench has posted the matter for further hearing on August 10.The HC was hearing an application filed by the MMRCL seeking modification of an earlier order which prohibited them from carrying out metro work at Cuffe Parade during night time.The HC, in December last, restricted the MMRCL from carrying out any construction work in the night as it was creating noise pollution and causing hassles to people residing in the area.The MMRCL and L&T had claimed the ambient noise level at Cuffe Parade was 80 decibels during day time and 61 at night."The metro work will only be 10 decibels above the already existing noise levels," L &T counsel S U Kamdar had said.MMRCL counsel Ashutosh Kumbhkoni had argued that the Noise Pollution Rules, 2000 would not apply to the metro project.The 33-km metro line III, a part of the rapid transport system, will connect the business district of Cuffe Parade in South Mumbai to SEEPZ economic zone in the city's North-Central suburbs via Bandra.

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