July 12, 2025: In a significant ruling aimed at protecting Mumbai’s architectural legacy, the Bombay High Court has directed the Mumbai Metro Rail Corporation Ltd (MMRCL) to reconstruct a limestone finial of the historic JN Petit Institute. The finial collapsed in August 2017 during the construction of Metro Line III.
A division bench comprising Justices M S Sonak and Jitendra Jain, in its July 10 judgment, emphasized the need to balance development with heritage preservation. “Whilst the march of development and infrastructural projects cannot be halted in a city like Mumbai, such a march cannot be permitted to run roughshod over the concerns of preserving and maintaining heritage buildings for posterity,” the court said.
The case stems from a 2018 petition filed by trustees D V M Patel and Homa Petit of the Grade II-A heritage structure, located on DN Road in Fort. The underground metro line construction concluded in 2023. The court stated that while the project is complete, the petitioners may pursue legal action if future damage occurs after the metro becomes operational.
The court noted it had “no serious doubts about the connection to MMRCL’s Metro Line III project works” regarding the collapse, citing consistent complaints by the trustees about vibrations before the incident. Though MMRCL has not accepted liability, it has agreed to reconstruct the limestone finial without prejudice.
The high court recorded that the metro tunnel does not pass directly beneath the Petit building, running approximately four to five metres away horizontally and 25 metres underground. It was also observed that recorded vibration levels were below permissible limits.
The restoration will be carried out at MMRCL’s cost, contingent on the trust obtaining necessary permissions. The work is to be completed within eight months from the date of final approval.
Source: The Times of India
