Parsi community appeals SC to save Atash Behram

On Dec 4, 2018

Mumbai: NP NEWS 24 ONLINE – The Legal team of Parsi Community files petition in Supreme Court after Bombay high court (HC) on November 30 allowed the Mumbai Metro Rail Corporation Limited (MMRCL) to continue with the construction of the tunnel underneath the two Atash Behrams.

The legal team have also appealed against on sought a stay on the Metro construction work. The team includes advocate Zerick Dastur who explained that they have filed a special leave petition (SPL) challenging the Bombay HC order in the Atash Behram case before the Supreme Court. The matter was mentioned before the Chief Justice of India. The SC has placed it for an urgent hearing on Friday.

In November 30^th hearing, the bench of Chief Justice Naresh Patil and Justice R G Ketkar who had turned down Senior Counsel Navroz Seervai’s request to extend the stay on Metro construction work for a couple of weeks until they could file a petition in the SC.

The community members strongly believe that the HC did not find their argument that the spiritual circuits of the Atash Behrams would be breached if the tunnel passed from underneath the fire temples “convincing and logical”, the judges did not even consider the structural aspect of it.

another member of the legal counsel explained that while the grounds for the case would remain the same as mentioned in the written petition but we were hoping that there would be some appreciation for the evidence. The HC judgment, however, has not considered any of the evidence that we put on record. This has been mentioned in the petition.

HC judgment has allowed MMRCL to start construction of the tunnel underneath the Anjuman and Wadiaji Atash Behrams, but has added certain conditions. Apart from ensuring that no damage is caused to the Atash Behrams, the MMRC has been asked to adopt the control-blasting method for boring tunnels, installing equipment to monitor levels of vibrations and the water level of the wells among others.

Atash Behram is the highest grade of a fire that can be placed in a (Zoroastrian) fire temple.