Parsi community disappointed as HC permits Metro III tunnel work

At 11 am on Friday the Parsis present in courtroom 52 of the Bombay High Court waited for Chief Justice Naresh Patil and Justice RG Ketkar to announce the fate of their sacredAtash Behrams That anticipation was replaced with disappointment as soon as they announced that the tunnel boring work will be allowed to continue as part of the Metro IIIproject subject to certain conditionsAfter the order was pronounced senior counsel Navroz Seervai representing the Parsi community asked for an extension on the stay order for two weeks until they were able to approach the Supreme Court Chief Justice Patil turned down their request The order stated that the plea to extend the stay was rejected since the Metro III project involves huge costs and any delay in the project may further escalate itJudges unconvincedThe primary thrust of the argument made by Seervai focused on Article 25 of the Constitution freedom to religion The judges however were not convinced with the arguments or the evidence placed on record Referring to the argument that the construction of the tunnel beneath the fire temple would desecrate the sacred premises the order states The Metro tunnel is to be bored 60 to 65 metres underneath It goes to one corner of the Atash Behram premises at a safe distance from karshas therefore the theory that drilling of the tunnel would desecrate the Atash Behram is not convincing and logical much less the tenets of the Zoroastrian religionReferring to Seervais argument that the spiritual circuits of the Atash Behrams will be breached and negative forces will attack the holy fire if the tunnel goes under the fire temples Justice Ketkar stated in the order These beliefs have nothing to do with the Zoroastrian religion or faith The petitioners have failed to establish that these beliefs are integral to Zoroastrianism Mere faith or belief of the Parsi community would not render these beliefs for protection under Article 25 of the Constitution of India The opinions expressed by the High Priests cannot be considered as an essential religious practice as it does not derive its basis from any religious texts or scriptures Members of the Parsi community were disappointed with the outcome Ratan Patel one of the petitioners said The judges could have given us some time to prepare our argument for the Supreme Court and granted a stay The stay on the Metro work was on for six months What harm would a couple of weeks doParsis hurtThe judges perception wasnt wellreceived by the religious leaders of the community either Khojeste P Mistree a Zoroastrian scholar said Parsis have been massively hurt because the judges have gone against the religious sentiments of a community when they could have altered the tunnelling plan When youre talking about matters of the spirit it is a question of faith Its a great shame that the judges havent applied the element of human compassion to understand that matters of religion entail faith and belief he saidReferring to the reluctance of Metro authorities in cooperating with the communitys wishes he said The Metro authorities are totally insensitive to the issue because the Parsis probably dont constitute a large enough vote bank Its very unfortunate particularly when the Parsis have contributed hugely to the wellbeing of not only Mumbai but also the whole of IndiaIts in the waterMistry pointed out that his concern lay more with the well water in the Atash Behrams which is integral to the Zoroastrian religion The well water is critical to the rituals performed in an Atash Behram As a result of tunnelling if the water channels change then for all practical purposes you cannot do any rituals in the fire temple If the well runs dry then the fire temple is redundant he saidAlso disheartened with the judgment was Jamshed Sukhadwalla who led the legal battle in the matter which was supported by the entire community Sukhadwalla pointed out that the tunnel boring machines are only 100 metres away from the Anjuman Atash Behram The machines will reach the fire temple within the next 12 days after which the sanctity of our fire temples will be lost Weve tried our best and not taken it lying down Its sad that religion has been taken for a ride today he saidCannot move four metresMore than the judgment Yazdi Desai chairman of the Bombay Parsi Punchayet BPP was disappointed that their plea to extend the stay order had been rejected Its a big disappointment and Im unhappy with the BJP Narendra Modi talks about Parsis being invaluable but they cannot move four metres for us Were disappointed that the court didnt given even agree to give a stay By the time this matter comes up for hearing the tunnel boring machine would have reached the Atash Behram he said One of the BPP trustees Noshir Dadrawala said Our legal team was ready for this outcome Theyll now file the petition in the Supreme Court and well hope for relief Meanwhile one of the Metro officials who attended the hearing said We have to see the conditions weve been asked to follow and figure out how well implement them But well start the work soonMetro has to followAuthorities shall ensure that no damage is caused to the two Atash BehramsWhile the tunneling work is in operation there shall be strict monitoring of vibration levels 24x7 using necessary devices and equipmentDuring the boring of the tunnel passing beneath the two Atash Behrams a specially constituted team of experts shall be presentIf necessary the Tunnel Boring Machines shall be slowed down while the tunneling work is in operation beneath the premises of two Atash BehramsControlled blasting method shall be adopted for boring tunnels underneath the two Atash BehramsNecessary equipment shall be installed in different places in or around the two Atash Behram structures to monitor levels of vibrationsContinuously monitor water levels of the wells situated in the premises Necessary precautions shall be taken in that regard by installing ground water charging 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