MONICA MATANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Public Interest Litigation was filed, complaining about the construction method adopted by respondent No. 3 in respect of Versova - Ghatkopar Section of the Metro. The reliefs claimed in the petition are as under:-

(2.) The petitioner alleged that the contractors did not take care of various aspects of standards of international level, including the standards specified in the Manual published by Bureau of Indian Standards, in that Vibratory Hammer was used, which has caused extensive damage to the buildings in the neighbourhood. That petition was heard on 6 th August, 2009. At the hearing, the respondents refuted the allegation made by the petitioner.

(3.) At the same time, without prejudice to their contentions on merits, respondent No.3, in particular, volunteered that, as a mark of good gesture, the damage caused to the premises of the petitioner will be repaired. MMRDA as well as respondent No.3 gave assurance to the Court that the project will be executed strictly in terms of the contract and specified standards, and all measures and precaution will be taken to ensure that the property belonging to the petitioner or public is not damaged. Further, the said respondents also assured the Court that they will not use the Vibratory Hammer Technique to execute the work in future and the use of the said technique has already been discontinued. On the basis of this assurance given by MMRDA and respondent No.3, the petition came to be disposed of.