On 28 January, 2019, the MMRCL (Mumbai Metro Rail Corporation Ltd) informed the Supreme Court that it would shift the Kalbadevi Metro III station 20 metres away from the nearest boundary wall of the Wadiaji Atash Behram, bringing a partial sense of relief to the Parsi Community. As per the affidavit filed by MMRCL before the Supreme Court, the station box will now be approximately 20 metres away from the nearest boundary of Wadiaji Atash Behram, as against the earlier proposed location of the box, which was very close to the Atash Behram – with an overlap of 2.125 metres. The Supreme Court has taken the aforesaid on record. Seen as a significant and positive development in the matter, Fali Nariman and Zerick Dastur had appeared on behalf of the Petitioners. The matter will now be taken up on February 15, 2019.

The affidavit filed before the Supreme Court, stated, “Taking into consideration the non-availability of some of the private land pockets, the excavation box A of Kalbadevi station has been shortened by approximately 22 meters. As a result, the box is now 19.8 meters away from the nearest boundary of the Wadia Atash Behram from the earlier distance of 2.2 meters overlap and temporary secant pile is now 18.3 meters away from the nearest boundary of Wadia Atash Behram. This has resulted in changes in further internal planning of the space. The NATM part and platform locations have been modified accordingly by shifting them northwards suitably. The back of house facilities earlier proposed in Box A are now accommodated at lower/platform level will have to be built as per NATM works.”

According to the report, on the Method of Construction of Kalbadevi Station near the Atash Behram placed before the Supreme Court, the MMRCL said “Preference will be given to mechanical breaking of rock. However, if unavoidable, controlled blasting will be resorted to.” The report has been prepared by Maple-led consortium, the general consultant for Metro Line 3. On the water levels in Wadiaji Atash Behram’s well, the report said, “In case of any construction related draw down of water levels in the well is observed, recharge of ground water shall be initiated through the six number of recharge wells in the vicinity of Wadia Atash Behram.”

One of the eight Atash Behrams in India, the Wadiaji Atash Behram was consecrated in 1830. The ‘Save Our Atash Behrams’ movement led by structural engineer Jamshed Sukhadwalla since the past eight months legally and for four year before that, dragged the MMRCL to court with the aim of protecting the spiritual and structural sanctity of the Waidaji and Anjuman Atash Behram, opposing plans to dig a tunnel underneath the religious structures.

Speaking to Parsi Times, Jamshed Sukhadwala said, “The legal battle, which was the last resort, lasted for 8 long months, started in May 2018. It has united the community like never before, which is a very positive sign. Let us hope that in the future also, the community will be alert and stand up in the same manner to tackle the various vital issues pertaining to Doongerwadi; Medical Facilities; Housing, etc faced by the community from time to time. I believe that this partial victory is thanks to the selfless efforts of a number of people who definitely deserve to be mentioned including Sr. Counsel Fali Nariman; Adv. and Solicitor – Bakhtawar Karbhari; Adv. Zerick Dastur, Adv. Ryan Karanjawala & Co (Delhi); architect Hafiz Contractor and his team; as also the entire legal and technical teams, the Co-petitioners and all the community members for their wholehearted support.”