Bombay HC Orders MMRCL to Restore Heritage Feature of J.N. Petit Library

The Bombay High Court has directed the Mumbai Metro Rail Corporation Limited (MMRCL) to reconstruct a heritage feature of the iconic J.N. Petit Institute, which collapsed during Metro Line III construction activities in 2017.

A Division Bench comprising Justices M.S. Sonak and Jitendra Jain passed the order while disposing of a long-pending writ petition filed by the trustees of the J.N. Petit Institute, a Grade II-A heritage structure located at D.N. Road, Fort.

The Court noted that although construction works for the underground metro line were completed in 2023, the petitioners retain the liberty to initiate legal proceedings in case any damage arises when the metro becomes operational.

Dislodgement of Finial Amid Construction

The petition arose in 2017 when drilling and construction activities for the Hutatma Chowk metro station commenced dangerously close to the J.N. Petit Institute. Petitioners alleged that the construction, carried out without vibration monitoring instruments, led to significant tremors and ultimately caused the collapse of a 100-year-old limestone finial, a prominent architectural feature of the building.

The finial, part of the Institute's elaborate Neo-Gothic architecture, had survived over a century before falling in the Institute's garden in August 2017. The structure had previously been restored in 2014–15 and awarded a UNESCO Award of Distinction for Cultural Heritage Conservation.

Court’s Recognition of Heritage Value

Observing that the building and the surrounding D.N. Road precinct were of "historical and architectural significance," the Court remarked, “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 judgment cited precedents from the Supreme Court and other High Courts underscoring the constitutional and statutory imperative of protecting cultural heritage. Relying on decisions such as Rajeev Mankotia v. Secretary to the President of India and Archaeological Survey of India v. Narender Anand, the Court reaffirmed that preservation of heritage structures is a public duty.

Restoration and Liberty Granted

MMRCL has voluntarily agreed to restore the fallen finial at its own cost, subject to the petitioners providing necessary documents and obtaining permissions from heritage authorities. The Court directed that this work must be completed within eight months from the date such approvals are obtained.

While the petitioners also raised concerns about potential damage once Metro Line III becomes operational, the Bench held that such fears were speculative at this stage and would require fresh proceedings if such damage materialised in future. The Court, however, explicitly kept the petitioners' rights open to approach appropriate forums, stating, “All contentions of all parties concerning this matter are explicitly kept open.”

Monitoring Concerns

The Court declined to entertain the petitioners prayer for reinstating vibration monitoring equipment at this stage, noting that the petition was originally filed to address concerns during the construction phase, not operational impact. However, it clarified that any future grievance arising from metro operations could be raised in a separate legal proceeding.

Case Title: DVM Patel & Anr. v. State of Maharashtra & Ors., WP No. 2931 of 2018