September 7th 2023.
The Bombay High Court recently allowed the construction of a 69.90-meter-high building in the Fort heritage precinct of South Mumbai without the mandatory no-objection certificate (NOC) from the Mumbai Heritage Conservation Committee (MHCC). A division bench of Justices Gautam Patel and Kamal Khata gave the nod to Shreeji Realty last week.
The court observed that the BMC did not impose any height restrictions while allowing the construction of a similar high-rise, just a few meters away from the project. According to the plea, the redevelopment was to be carried out on three structures spread over 323 square meters at the junction of Nadirshah Sukhiya Street and Pitha Street.
The petitioner argued that the three structures had no aesthetic, architectural, or historical importance and the BMC had allowed the construction of a building over 60 meters high just across the street. Thus, the permission could have been granted to Shreeji Realty as well.
Since the BMC failed to show the MHCC permission for the building across the street, the HC said it was difficult to see how such a condition could be accepted for the petitioner’s property. The HC directed the BMC to issue all necessary permissions to the petitioner without insisting on an NOC from MHCC. Further, it directed the Maharashtra government to consider reframing the policy on the celebration of Dahi Handi 2023 on roads.
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