27th Sept, 2011
To
The Deputy Director of Town Planning,
Greater Mumbai,
ENSA Hutments, E-Block,
Azad Maidan, Mahapalika Marg,
Mumbai 400 001
Sub: Proposed elevated Metro Rail Corridor – II for MRTS (Mass Rapid Transport System) for Greater Mumbai from Charkop to Bandra to Mankhurd.
Re: High Court O.O.C.J.
PIL No.144 of 2009
Malloy Bhatt vs State of Maharashtra & Others.
Sir,
The State Government in the Urban Development Department has proposed to construct an elevated Meter Gauge Metro Rail starting from Charkop and ending at Mankhurd passing Bandra station en route. The route as proposed piles along the centre of the existing main arterial roads like Link Road starting from Marve Road on the North upto Jay Prakash Road at Andheri West and thereafter 10thRoad JVPD Scheme, S.V. Road at Vile Parle / Santacruz (West) and thereafter Linking Road at Santacruz, Khar, Bandra (West) and further to Kurla and end at Mankhurd. The alignment shifts outside the roads at places at the change of directions to meet the technical need of providing smooth run at curvatures.
The above elevated Metro – II corridor covers a distance of about 32 KM from Charkop to Mankhurd. It has 27 Metro stations en route and two Metro yards for stabling carriages & for maintenance / repairs workshop. The scheme also proposes to construct commercial built-up area of 4000 m2 (43000 sft) above each Metro station for Economic Viability Gap (EVG). Total commercial built-up area on 27 metro stations will be 1,08,000 m2 (11,62,515 sft). As per the rough estimate, the total built-up area involved under the Metro – II project is about 10, 00,000 m2 (Ten Lakh) i.e. 1, 07,640 sq.ft. consisting of 3,50,000 m2 station with commercial area, 3,50,000 m2 viz-duct and about 3,00,000 m2 of
Metro yards. At the outset it is to be submitted that the elevated Metro – II as proposed in the present form is totally misconceived, impractical, violative of Laws / Legislations etc., thus suffering from legal infirmities. Over and above it infringes on the fundamental rights of citizens guaranteed in the Constitution of India as is brought out hereunder. Not only so, it is also against the larger public interest and infact it exposes the citizens to loss of privacy, health hazard, fire hazard, insecurity, inconvenience, terrorist attacks as also disruption of existing utilities amenities and infrastructure etc., as is detailed para-wise hereunder.
1. (a) The road widths on which elevated Metro – II is to be constructed are prescribed in the sanctioned Development Plan and were fixed considering only the vehicular traffic needs of the future. Construction of elevated Metro in their middle was never contemplated at that time. Massive Metro Rail therefore simply cannot be constructed on these roads considering the future need of vehicular traffic.
(b) Even at present these roads are over utilized which is manifested by the traffic congestion experienced at peak hours and the low speed of travel / long travel time. These roads simply cannot accommodate construction of the huge Metro columns at centre that would snatch away two traffic lanes, one in each direction. Such columns will further lower the travel speed and consequently increase travel time. It is for anyone to imagine what mess will be created on these roads at the time of construction of these central columns. The entire traffic will have to literally crawl on these roads.
(c) Reduction in the existing carriageway to put up the Metro Columns shall be detrimental / devastating for the safety / security of the citizens staying all along the elevated Metro Rail Corridor, Noise pollution caused by the traffic congestion will be unbearable resulting in health hazard, sleeplessness, hearing loss air pollution from vehicle exhaust etc. The traffic situation especially near Metro Station will be worst on account of autos, private cars halting there to alight and pick up passengers.
(d) In case of emergency the Fire Engine or ambulance will not be able to timely respond to the distress calls of the public. Hence unless these roads are widened to add two more traffic lanes even while retaining footpaths no Metro columns should be permitted to be constructed on these roads. Road survey carried out indicates that for long stretches of these roads no widening can be done because of the existing Multi-storeyed buildings on both sides of these roads.
It is required that an elaborate traffic pattern study is carried out taking future traffic increase in considerations before allowing any reduction in existing carriageway. Traffic Department of Municipal Corporation and Commissioner of Police (Traffic) are required to submit their say on the project that too before commencement of the work as per the orders of the High Court in the captioned PIL No.144 of 2009.
Pedestrian safety is also of grave concern since the traffic study reveals that they form major component of road accidents / fatalities in Mumbai. What will be the fate of pedestrians in the event the useful width of carriageway is reduced? Are the pedestrian to be ignored and left to jostle with vehicular traffic? Children and senior citizens shall be most inconvenienced. Hence it is also necessary to ensure that the footpaths of adequate widths are provided for pedestrians for their safety. This is impossible if the elevated Metro – II massive columns with their anti-crash safety devices occupy almost 16’.0” of the existing road carriageway at the centre of the road.
Apart from the above, Metro Rail plying on a road is not coming within the meaning of road as defined in the BMC Act, 1888 (Section 3W) and the Development Control Regulation for Greater Mumbai, 1991 (DCR No.2 (76). As such construction of the Elevated Metro Rail on Municipal Road is not permissible lawfully on this count. Surely the State Government should not commit or permit to commit such illegality against the public welfare, safety and interest. Mumbai Municipal Corporation who is the owner of all these road is legally bound to ensure that no construction is carried out on these public roads, provisions of M.M.C. Act 1808 cannot be brushed aside and thrown to winds.
2. (a) For improvement of traffic, a scheme of constructing several flyovers over major road junctions was prepared by M.M.R.D.A. in 2002 / 2003 under Mumbai Urban Infrastructure Project. It was prepared to provide signal free travel on these main arterial roads to increase speed of travel and reduce time of travel. The scheme had taken into consideration the anticipated future growth of population and consequent traffic increase in the Western Suburbs. If elevated Metro – II is constructed on these roads, then the possibility of constructing these flyovers will be eliminated forever. This will lead further to increase in the traffic congestion in future with no scope of providing any relief.
(b) The advantage, efficacy, benefits and utility of providing such flyovers is already established by construction of such flyovers on Western Express Highway and Eastern Express Highway where the travel time of journey from Bandra to Borivali & Sion to Thane respectively has reduced to half after construction of these flyovers. Such flyovers are constructed all over the World for improving traffic on major roads and that too very effectively.
(c) Such method of easing the traffic is effectively adopted all over the World and it is expected of our Urban Planners to take note of it. In this context if may be pointed out that the number of vehicles being added on these roads are increasing day to day; more so on account of easy availability and affordability of cars. It appears that this crucial aspect of future vehicle / traffic increase is side lined by the planners of the elevated Metro – II.
3. The above elevated Metro Rail –II in its present form involves construction of 27 Metro Stations each having commercial built-up area of about 43000 sft. over them each. Metro Stations are having height of about 80’ to 100’. These stations spread over the entire width of the road and come in dangerously close proximately of existing occupied buildings on both sides of the Metro Stations. The required minimum 20’ open space around the station extending upto the existing compound of the adjacent private plot is not proposed as required under the D.C. Regulations 1991 and as it required for “Assembly Building” under which a metro station is classified under the said regulations. Being so, the construction of the Metro stations would be in blatant violation of the relevant rules, norms and regulations. Such construction of elevated Metro Stations at close distance will obviously expose the life / property of citizen to fire risk and safety problems.
4. Considering it as a single project with one continuous structure the total construction of Metro – II inclusive of 27 Metro Stations, via-duct and Metro Yards at Charkop and Mankhurd (all connected) is approximately calculated to be about 10 lakhs m2 (1,07,64,000 sft). Such huge construction built-up area comes within the ambit of EIA Notification No.S.O. 1533E of 14-09-2006 issued by the Ministry of Environment & Forest, Government of India. The construction activity is listed at Sr.No.8 (a) of the schedule of the EIA Notification. This will require prior (EC) Environmental Clearance after carrying out Environmental Impact Assessment study, which is not carried out and obtained, as we are given to understand at present. The clearance is to be given by Government of India in the Ministry of Environment & Forest. We understand that the (EC) Environmental Clearance is not obtained as yet.
5. The proposed metro car depots are located at Charkop and Mankhurd. These lands mostly fall in CRZ – I by virtue of them having mangroves and lying between LTL and HTL. Any construction of such metro car yard is not permissible in CRA – I. Even the Maharashtra Coastal Zone Management Authority (MCZMA) has recorded their objection to the same when the application of MMRDA came up for discussion in their meetings. All mangroves are Notified as “Protected Forest” under the Indian Forest Act, 1927 as per the orders of the High Court in the Writ Petition No.3246 of 2004 (BEAG v/s. State). Hence Forest (Conservations) Act, 1980 shall apply to these lands. Non-Forest activity of Metro Yard is not permitted without N.O.C. of the MOEF Government of India on these lands.
In this context it is to state that M.M.R.D.A. has informed the M.O.E.F. Government of India that these Metro Yards will be constructed on stilt, which is nothing but an eye wash. Even to construct stilt it will be required to provide foundations by open excavation or pile foundation with its huge pipe caps / tie beam etc. The construction of foundation would fully destroy the thick “Mangrove” in violation of the High Court orders stated above.
As regards Charkop and Mankhurd Metro Yards, Major portion (60% of Charkop and 67% of Mankhurd) fall in CRZ – I by virtue of existing thick mangroves thereon that are notified as “Forest” as stated above.
6. In the above context it may be stated that M.M.R.D.A. has submitted to the Urban Development recently a list of about 10 locations proposing to reserve these lands for the purpose of Metro / Monorail stabling yard of carriages, maintenance Depots and its workshops and commercial use on these lands. However, all these lands are affected by several public purpose reservations of Recreation Grounds, Play Grounds, Markets, Schools, Government Staff Quarters, Public Housing and other amenities which are provided as per the prescribed norms while sanctioning the Development Plan. M.M.R.D.A. proposes to delete these public amenities while retaining only Play Grounds and Recreation Grounds. However, M.M.R.D.A. has proposed to relocate these open spaces of Recreation Ground and Play Ground from the presently open ground to the areas that are fully encroached by hutments. Consequently these amenities of Recreation Ground and Play Grounds at relocated spots shall remain on paper only. The facility of such open spaces for Recreate will be lost forever and in effect snatched from the public.
It is pertinent to record here that the quantum of the public amenities provide in the Development Plan 1991-2011 is itself much below the required norms considering that the present population itself is much more than the estimated population in 2011 for which the amenities were provided while preparing the Development Plan in 1991 / 1992. Whereas the amenities were provided for population of 100 lakhs in 2011, the present population is around 130 lakhs. Infact this requires that even for the present population these public amenities should be increased. Such increased amenities need to be further increased to take care future growth of population for the period 2012 to 2031 for the Revised Development Plan.
7. The subsisting Development Plan is sanctioned under the provisions of Chapter III of MRTP Act 1966. The said sanctioned D.P. does not provide for construction of any Metro Rail on the roads shown on the D.P. The elevated Metro – II with its commercial area of 43000 sft. at every station would change the entire character of the Land use map of the Development Plan and as such the same cannot be implemented unless the Development Plan is modified under the relevant Sections of MRTP Act 1966. For that matter such commercial user above the road is not permissible under the D.C. Regulations at all.
Such drastic modification of Development Plan to introduce elevated Metro Rail and Commercial built up area above roads cannot be allowed invoking section 37 or invoking section 154 of MRTP Act 1966. More importantly the construction of huge Metro column and commercial use of the roads was not at all contemplated while fixing the road widths in the sanctioned Development Plans of both 1967 and 1991. Even at present without erection of columns in the centre these roads are over utilized beyond their capacity leading the vehicles to virtually crawl at the evening peak hours and consequently resulting in loss of valuable time and costly fuel.
It is recorded by actual travel that in the evening peak hours it takes about one and half hours to two hours to drive from the Bandra to Malad Marve Road – distance of about 18 k.m. i.e. speed of travel is about 10 k.m. per hour to 12 k.m. per hour. If two traffic lanes are taken away by the Metro columns, the speed of travel will further reduce to 5 k.m. to 6 k.m. Per hour and consequently time of travel will be double.
8. It is necessary to provide public parking lot at every Metro Station and that too within a vicinity of 100 M distance. It is seen that several Metro Stations are proposed at locations where there is no place available to provide such parking lots at all unless built up properties are required at a very heavy cost which is obviously impractical.
9. Also the Metro goes cutting across several multistoreyed built properties at curvatures to change the directions of the Metro Rail. It will be necessary to acquire these built up properties at a very heavy cost to construct the via-ducts of the Metro Rail. This will lead to several litigations / arbitrations even upto Apex Court.
10. It is necessary that the entire proposed construction of elevated Metro – II project undergoes thorough scrutiny i.e. Metro Station plan, via-duct and the Metro Yards in terms of National Building Code norms, D.C. Regulations as well as the Fire Prevention and Life Safety Measures Act 2006. As the life and safety of thousands of commuters is involved, it is to be ensured that the requirements of the regulations are strictly adhered to especially those related to providing minimum open to sky court yard on both sides of the stations including their staircases. In fact the Fire Safety aspects need to be addressed and analyzed in depth by experts in field at the initial stage itself before starting the project. The crucial aspect is totally ignored on the face of it in the present scheme. This is obviously gross omission in planning committed by those in charge. Negative impact of the project on the existing infrastructure and amenities is also not studied / reported by the planners.
11. In the above context it is to be stated that all the Metro Stations fall within the definition of “Assembly” building under the D.C. Regulation No.2(11) (a), that require a minimum open to sky court yard of 6 M (20’) all around it and upto the compound wall of private plot. It is noted that the Metro stations have no open court yard at all to permit Fire Engine to reach the spot of Fire for evacuation of persons in case of Fire in the Metro stations as well as commercial / shops thereon at the upper floor at height of about 80’. As a result the Chief Fire Officer cannot and hopefully would grant N.O.C. to the construction of these Metro stations as proposed now unless the statutory requirements of open spaces and fire safety are complied with in toto.
MMRDA has completely ignored the ground realities that there are hundreds of buildings on both sides of the stations all along the elevated Metro Route that are dangerously close to these stations. Many of the stations will be almost touching the existing structures blocking their light and ventilations and jeopardizing the citizen’s privacy, safety, security and health including resultant sleeplessness and hearing loss on account of the increased noise pollution beyond the permissible limits. Even the Metro Rail running on the via – Duct every five minutes in each direction will cause noise pollution beyond tolerable limits of 55 db and 45 db during day and night respectively. Such noise level would cause hearing loss, sleep disturbances, annoyance, heart problems etc., to the affected citizens. Surely the authorities cannot be and should not be insensitive and immune to the same. “Prima Facie” it is to be stated that the responsible authorities are treating this issue in a “CAVALIAR” fashion.
12. Construction of 4000 m2 (43000 sft) commercial areas at every station will need “Development Permission” i.e. Commencement Certificate under MRTP Act, 1966 as the same is not exempted from obtaining C.C. Please refer to D.C. Regulation No.4 (2). All the building regulations shall therefore apply to the Metro Stations. However, in the present form the regulations are violated on the grounds of safety, open spaces etc.,
13. Section 312 of M.M.C. Act is completely ignored. This section does not permit any construction on Public Street without permission of the Corporation. We contend that Mumbai Municipal Corporation cannot grant such permission. From what we gather Mumbai Municipal Corporation has not granted any permission to carry out any construction on these roads.
Some of the consequences that the citizens will have to suffer and face on account of the elevated Metro – II are enlisted in brief hereunder.
- The existing roads which are having very heavy traffic and which are heavily / over utilized even today will get further congested especially at the Metro Stations on account of the erections of the Metro columns and the anti-crash arrangements around these columns. Hawkers, Autos, Taxis, Two Wheelers, stopping near Metro Stations will add to the woes of the citizens / vehicle. Entire vehicular traffic will be in a permanent mess.
- There will be complete disruption of the traffic and in case of emergency the Fire Engine will not be able to timely respond to “Fire Calls” on account of the heavy traffic congestion all along the route resulting in loss of life and valuable property of the citizens. The roads along which Metro runs are bus routes. The buses will occupy one land of carriageway. Every time bus stops to pick up and alight passengers, the entire traffic of the land will have to stop adding to the traffic congestion. This will further decrease travel speed and increase travel time / fuel consumption which will add to fatigue of the person behind the wheel.
- The via-duct of the Metro Rail is at height of almost 60’-0” and in case of Fire in the Metro car for any reason, between two Metro Stations the commuters cannot be safely evacuated from that height.
- Several Metro stations are proposed dangerously close to the existing buildings exposing the residents to lack of privacy, security, safety, and nuisance from anti-social elements as also the increased noise / air pollution with health hazard. There will be nuisance caused by hawkers below and near every Metro Station in addition to noise on account of slow moving heavy traffic, autos and taxis halting to drop or pick up commuters and office staff above Metro station. Most importantly they will be exposed to dangers of terrorist attack from close proximately of the station.
- Many built up properties will have to be acquired and demolished which will cause mass displacement / shift of population. This is because it will be necessary to ensure safe open to sky distance from edge of Metro Stations as required under the D.C. Regulations / National Building Code. For the purpose existing development will have to be demolished which will lead to displacement of huge population. All these built up properties will have to be acquired at a very heavy cost as per their present market value, which will be thousand of crores of rupees. The cost aspect needs to be considered seriously.
- The Metro Rail tracks are required to negotiate several curves en-route for change of direction. At all such curvatures the Rail track passes over several built up properties. This will necessitate acquisition of these properties for demolition of lay the tracks. This will obviously be very costly. Further to this, it will require mass displacement of citizens causing injustice to them for no fault on their part. It seems no socio-economic survey has been clarified out to assess the impact of such mass displacement of population.
- There are no open spaces available to provide for parking areas in the close vicinity of 100 M of Metro stations as prescribed. This will add further to the traffic congestion on the road below. As a result Taxis, Autos and other public as well as private vehicles will halt at these stations for picking up or alighting people leading to frequent stops to smooth flowing traffic on the narrowed roads below the Metro Stations.
- As such to comply with this mandatory requirement of providing Parking Lot, it will be required to acquire several built-up properties and demolish the buildings thereon. Not only that this will involve very heavy acquisition cost but it will cause mass displacement of population, which is unprecedented in the history of the megacity. “Prima Facie “this crucial aspect has been totally overlooked and ignored by the Metro Planners.
- It is observed by actual site study that the prescribed permissible noise level of 55 db (day) and 43dh (night) for residential area are already exceeded on these roads on these roads even at present. Existing noise level during day time is about 65 –db and during night time it is 55-db. These noise levels will further exceed if elevated Metro Rail is to be constructed in the centre of these roads, which will lead to heavy traffic congestion as aforesaid. Silence is one of the human rights as it is universally accepted that noise is very injurious to human health, which is required to be protected at any cost. Exposing citizens to noise pollution amounts to violation of Articles 14 and 21 of Constitution of India. These Articles guarantee several rights of citizens such as privacy, peace, safety /security. For that matter Articles 48 and 51 requires that every citizen of India will strive to protect and improve environment including the State Government. However, elevated Metro – II has completely set aside and ignored the Constitution as well as the announced Environmental Policy – 2004.
These are only illustrative difficulties and not exhaustive. The entire elevated Metro – II project is totally misconceived and is classic example of glaring technical / planning flaws. It also suffers from several legal infirmities and is in violation of the Town Planning norms / regulations some of which are mentioned hereinabove in brief. The entire scheme is against the larger public interest and is oblivious and insensitive to its negative / adverse impact on the life of thousands of citizens. Judicious planning requires that whenever Metro is to be provided within City limits, the same should be proposed underground. Only Metro which / where it plies outside the City, it can ply at elevated level.
We are given to understand that Improvement Committee and the Municipal Corporation of Greater Mumbai who are the owners of these roads have unanimously rejected the proposal of the elevated Metro Rail – II. In fact Mumbai Municipal Corporation cannot sanction or give permission to construct elevated Metro on its roads. This is very consequential in the matter, which is at present pending in the Hon’ble High Court, being PIL No.144 of 2009 wherein an Order is passed on 02.12.2010 that the work of Metro – II shall not be commended till all the permissions are obtained by MMRDA.
The proposed elevated Metro – II in the present form in effect violates provisions of the Mumbai Municipal Corporation Act, 1888, Traffic Acts / Laws, M.R.T.P. Act 1966, Environment (Protection) Act 1986, Air (Prevention and Pollution Control) Act, 1987, Prevention of Fire and Life Safety Measures Act, 2006 Indian Forest Act 1927, Forest (conservation) Act 1981 as also the Constitution of India by encroaching on the fundamental rights, security / safety of citizens that are guaranteed in various Articles of Constitution of India to every citizen. It is our firm say and belief that this is fit case which should be subjected to deep scrutiny of the Law & Judiciary Department including the Advocate General of the State before the work of Metro – II in the present form is allowed to commenced.
In several Metro Cities of the World Mass Rapid Transport System is provided underground without in any manner disturbing surface road net-work and public services notwithstanding additional financial burdens. With such arrangement, underground metro provides an additional infrastructure to the City. It “Prima Facie” seems that the option of consulting Metro-II underground is not at all considered. It is felt that under the circumstances narrated above construction of underground Metro from Charkop to Mankhurd via Bandra is the only option available even if it costs more initially. Welfare and safety of citizens should outweigh the additional costs. It is absolutely necessary to explore feasibility of providing underground Metro -II.
The benefits and advantages that shall be accrued if the Metro Rail is provided underground as against elevated Metro-II are as under:-
- No litigation
- No cancellations of Flyovers.
- No stoppage of L/V of existing buildings
- No need of road widening
- Elimination of Noise Pollution
- No environmental damage
- No diversion of the existing underground utilities.
- No disturbance of the existing road net work and other infrastructure
- No traffic congestion increase.
- No acquisition of built-up properties and their demolition – saves the entire acquisitions cost. Scope of traffic improvement maintained.
- No tree cuttings to be done
- Most important it shall be in compliance of Law, Rules / Regulations and Acts etc.
- It will be totally citizens friendly – their privacy, fire safety, security against terrorist attack and health shall be protected during the construction of underground Metro and even thereafter.
The above listed advantages far outweigh the additional cost, if any, involved to provide the Metro – II underground. Serious thought is required to be given to adopt the above option as such.
It is firmly believed that not only underground Metro is technically feasible but also is citizen friendly and more Urban Planning / Environment Laws complaint. It is our view and firm belief that underground Metro – II is the most suited and the only option available considering the existing ground realities mentioned above.
In the above context it is to be informed that on assurance given by the Government pleader in the captioned PIL No.144 of 2009, the work on construction on the elevated Metro – II cannot be commenced till all the requisite permissions are obtained. A list of the required permissions is annexed hereto.
It is our sincere hope that the above enlisted viewpoints / contentions would be considered seriously for taking decision in the matter of such public importance. We reiterate that an underground Metro – II is a better and only option which is citizen friendly and Law / Regulations complaint / abiding.
We are awaiting further communications in this regard from your end.
Thanking you,
For Save our Suburbs
Sherley J Singh
(Convener Core Committee)
9821035469
| Supported By | |||
| 1 | AGNI (Action for Good Governance and Networking in India) | 17 | Jagrut Nagrik Manch |
| 2 | ALM - 144 | 18 | Janhit Manch |
| 3 | Andheri Shopkeepers and Residents Welfare Association | 19 | Jan Seva Mandal |
| 4 | AVRA (Andheri-Versova Welfare Residents Association) | 20 | Juhu Citizens Welfare Group |
| 5 | Awaaz Foundation | 21 | Juhu Scheme Residents Association |
| 6 | Bandra Bandstand Residents Trust | 22 | JVPD Co-op Housing Asso. Ltd |
| 7 | Bandra West Residents Association | 23 | JVPD North West ALM |
| 8 | Citispace | 24 | JVPD Tenants & Residents Asso. |
| 9 | F-North ward Citizens' Federation | 25 | Khar-Bandra-Santacruz Foundation |
| 10 | Federation Of Retail Traders Welfare Association | 26 | Khar Residents Association |
| 11 | Forum for Improving Quality of Life in Mumbai Suburbs | 27 | Linking Road Citizens Forum |
| 12 | GARAJ | 28 | Mumbai Environment Social Network (MESN) |
| 13 | Gulmohar Area Societies Welfare Group | 29 | Nagriksatta |
| 14 | Guzdar Scheme Residents Trust | 30 | Pali Hill Residents Association |
| 15 | H-West Federation | 31 | Vileparle West Vyapari Welfare Association |
| 16 | Irla Residents Association | 32 | Vithal Nagar Society |
Permissions to be obtained by MMRDA before starting the Elevated Metro-II work.
- Permission of the Mumbai Municipal Corporation to erect the RCC / Steel Columns on the centre of the road
- Traffic study and N.O.C. of Commissioner of Police (Traffic) to construct R.C.C. columns on road and construct Metro Stations having commercial use in it. This study is required to be carried out by Traffic Police to consider the future growth of traffic and traffic congestion in proportion to the population growth and consequently increase in the number of vehicles utilizing the road.
- Approval of Mumbai Municipal Corporation to the Metro Station Buildings and Metro Yard Buildings showing open spaces around the buildings as per D.C. Regulations including the joint open space required between the station building and the existing buildings for light and ventilation and fire safety of both (together with commercial use of 4000 m2 at every Metro Station). Metro station will require an open space of 27’-0” for its height of 81’-0”. For the building of say 51’ an open space of 17’-0” will have to be kept thus it will be necessary to provide joint open to sky open space of 44’ between the Metro Station and building as per the applicable D.C. Regulation. The said open to sky 44’ joint open space between Metro Stations and the buildings on both sides of the Metro Stations shall go on increasing at the rate of 1’-0” for every 3’-0” increase in the height of building beyond 51’-0”.
- Approval of Chief Fire Officer of Station Buildings, Via-Duct, Metro Yard vis-à-vis the open spaces provided around them for movement of Fire Engines for evacuation at the time of Fire for the safety of people commuters and the property of citizens.
- Clearance of the Ministry of Environment and Forests, Government of India under the provisions of Notification No.S.O. 1533(E) of 14-09-2006 as the total construction involves built up areas of 27 Metro stations, via-duct and Metro Yards admeasuring about 11,00,000 m2 (1,18,40,440 sft) considering them in single construction project. As the construction area is more than 1,50,000 m2 such prior (EC) is mandatorily required to be obtained before starting the work.
- Clearance of CZMA under the CRZ Notification dated 06-11-2011 for Metro Yards and the Section of Metro plying in CRZ areas. Metro yards fall in CRZ-1 virtue of having mangroves on both the yards. In fact the application for such clearance made by MMRDA has been rejected by MCZMA on the basis of above objection.
- Acquisition of private lands / properties through which the Metro plies or to be acquired to proved open spaces as may be prescribed by Chief Fire Officer.
- Permissions for diverting utilities in the roads to accommodate Metro Columns.
- Actual widening of the roads to width as shown on the Development Plan by shifting the existing encroachment wherever required.
- Permission of Railway authorities for carrying out the work Railway lands in stretches where the Elevated Metro Rail has to cross Railway Tracks.
- Indentifying and acquiring lands required for public parking located within 100m of every Metro station.
- N.O.C. of Civil Aviation Department in respect of all the Metro Stations.
- Clearance of M.P.C.B. for environmental / Noise pollution vis-à-vis permissible decibel levels related to the Residential use on both sides especially at night – created by Metro Rail plying every say 5 minutes.
As per the Court orders an assurance given by the Government pleader to the Court in the Writ Petition (PIL) No.144 of 2009, the work of elevated Metro – II corridor from Charkop to Mankhurd via Bandra cannot be commenced without obtaining the above permissions.
