Bombay HC Directs MMRCL To Restore Heritage Finial At JN Petit Library Damaged During Metro Line III Work

Mumbai: In a significant relief for the iconic JN Petit Reading Room and Library in Fort, the Bombay High Court has directed the Mumbai Metro Rail Corporation Ltd (MMRCL) to reconstruct a heritage limestone finial that collapsed during Metro Line III construction activities — at its own cost and within eight months.

A bench of Justices M S Sonak and Jitendra Jain was hearing a petition filed by the trustees of the Jamsetjee Nesserwanjee Petit Institute, who alleged that vibrations from unmonitored drilling and tunnelling works carried out in 2017 had dislodged the finial from the neo-Gothic style building, a Grade II-A heritage structure dating back to 1898.

Accepting MMRCL’s statement made “without prejudice” and without admitting liability, the court directed the agency to replicate the fallen architectural feature, provided the petitioners supply necessary drawings and approvals, and secure permissions from heritage and civic authorities.

“The above works… must be completed by the MMRCL within eight months from the date the Petitioners obtain the last of the requisite permissions,” the court said.

Noting the architectural and historical significance of the building, which houses over 1 lakh books including rare manuscripts and publications dating back to the 17th century, the court observed: “Fortunately, with the resources the Petitioners could gather, the Petitioners’ building was restored in 2014–15 to its former glory. UNESCO awarded this restoration as a fine example of cultural heritage conservation… Therefore, there can be no doubt that the protection and preservation of the Petitioners’ building is a must.”

The trustees had alleged that construction vibrations were so intense that even heavy furniture inside the library shook. Despite repeated assurances, they claimed vibration monitoring instruments were not installed prior to the commencement of drilling.

The finial collapsed on August 25, 2017, prompting the court to stay work and appoint an expert committee. Its recommendations were later implemented, after which work resumed.

The court, however, refused to entertain broader claims of structural damage or speculative concerns about future harm once Metro operations begin. It took note of MMRCL’s affidavit which stated that the metro tunnel is 25 metres underground and at least 4–5 metres horizontally away from the building, and that vibration and noise levels are within permissible limits.

“We do not believe it is appropriate to address the Petitioners’ concerns about damage… once the Metro Line III becomes operational,” the court said. However, it granted the petitioners liberty to pursue appropriate proceedings should damage arise in the future.