The "Save our Atash Behrams” petitioners have disputed a report by the Veermata Jijabai Institute of Technology (VJTI), which stated "the proposed tunneling work (using TBM) for the Metro 3 line passing under the (Hormusji Bomanji) Wadia and (Zarthoshti) Anjuman Atash Behram building shall not have adverse effects on the structures,” nor would the proposed construction of the Kalbadevi Station, five meters from the Wadia Atash Behram. The report was prepared and submitted pursuant to a Bombay High Court (BHC) order (see "Realigning the line,” Events and Personalities, Parsiana, August 7, 2018).
Appearing on behalf of senior lawyer Berjis Desai, structural engineer Jamshed Sukhadwalla, religious scholar Ervad (Dr) Rooyintan Peer and two trustees of the Shah Varzaavand Trust before Justices A. S. Oka and Riyaz Chagla of the Bombay High Court on August 13, 2018, counsel Navroz Seervai submitted that the VJTI report of August 9 is "unreliable” and that "incorrect figures” were used to arrive at the finding that no adverse impact would occur. He also made a plea that VJTI personnel who signed the report be present for subsequent hearings. According to mid-day (August 9) Sukhadwalla stated in an affidavit that the report "lacks independent analysis and solely relies on data provided by the Mumbai Metro Rail Corporation Limited (MMRCL).”
The bench directed MMRCL to respond to the petitioners’ affidavit, as well as on how they would implement VJTI’s recommendations on constant monitoring during the construction phase.
According to reports, the government has not responded to the bench’s directive of July 25 mandating a clarification of its stance on Article 25 of the Indian Constitution that guarantees free profession, practice and propagation of religion. The clarification was sought by the BHC as the issue pertains to protecting the religious sentiments of the community.