JAMSHED NOSHIR SUKHADWALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners pray for following substantive reliefs:-

(2.) This petition was filed on 21st May, 2017. It is contended that Petitioner No.1 is an individual practicing the Zoroastrian faith and is a civil and structural engineer by profession. Petitioner No.1 is an alumnus of Veermata Jijabai Technological Institute (hereinafter referred to as 'VJTI' for short) and the Jamnalal Bajaj Institute of Management, Bombay. Petitioner Nos. 2 and 3 are trustees of the Shah Varzaavand Trust, which is a public charitable trust registered under the Maharashtra Public Trusts Act, 1950 with inter alia the object of protecting the interests of the Zarthushtis. Petitioners Nos. 2 and 3 crave leave to refer to and rely upon a copy of the Trust Deed as and when produced. Petitioner No.4 is a renowned religious scholar of the Zoroastrian faith and a qualified priest. Petitioner No.4 has derived the knowledge in connection with the spiritual aspects mentioned hereinafter from accepted practices, long standing traditions, scriptures, customs and teachings. Petitioner No.5 is an individual practicing the Zoroastrian faith and is a renowned legal practitioner and solicitor. Respondent No.3 Mumbai Metropolitan Regional Development Authority (MMRDA) has been entrusted with the responsibility of executing and maintaining various infrastructure projects. Respondent No.4, Mumbai Metro Rail Corporation Limited (MMRCL) is a company incorporated under the Companies Act and is a joint venture between the Government of India and the Government of Maharashtra. Respondent No.4 proposes to construct a metro rail which is known as the Mumbai Metro Rail Project. Respondent Nos.5 to 9 are the trustees of Zarthoshti Anjuman Atash Behram Trust which is the trust looking into the administration of Zarthoshti Anjuman Atash Behram. Respondent Nos.10 to 12 are the trustees of the Hormasji Bomanji Wadia Fire Temple Charity Fund which is the trust looking into the administration of H.B.Wadia Atash Behram. Respondent Nos.1 to 4 have decided to execute a project in various phases for running a metro rail underground as per the plan. The project includes Mumbai Metro Line 3 which is a long corridor running along Colaba-Bandra-SEEPZ. A part of this Mumbai Metro Line 3 has been proposed to run under Jagannath Shankar Sheth Road.

(3.) The petitioners state that Jagannath Shankar Sheth Road is a very congested road and some of the structures are heritage structures, including two of the most holy Zoroastrian Fire Temples of the Highest Degree (Atash Behrams), Viz. H.B. Wadia Atash Behram and Zarthosti Anjuman Atash Behram.