Mumbai: High Court orders stay on guidelines on special nod for Marine Drive high rises

Representational pic

The Bombay High Court (HC) in an interim order on Thursday, October 24, stayed the implementation of guidelines to facilitate redevelopment of buildings at Marine Drive in south Mumbai up to 58 metres, wondering if the authorities want to change the area's skyline.

A division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar questioned how the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government could issue such guidelines.

"What are you (authorities) doing? How can you take such a decision? Imagine the entire skyline of Marine Drive changed," the court said.

The bench was hearing a public interest litigation (PIL) filed by the Federation of Churchgate Residents challenging the 2023 guidelines issued by the state government to Mumbai civic body, which needs to be followed while granting permission for redevelopment projects along the iconic promenade, reported news agency PTI.

Under these guidelines, buildings were grouped into three categories depending on which height restrictions were imposed.

As per the guidelines, if any building in the second row of Marine Drive road wants to exceed the 24-metre height restriction during redevelopment, then special permission could be obtained from the Mumbai civic commissioner, who could grant permission for a building up to a height of 58 metres, stated PTI.

The PIL challenged this guideline on the grounds that the Marine Drive area is a heritage precinct and hence, must be preserved accordingly.

The bench on Thursday issued notice to Mumbai civic body and Maharashtra government and directed them to file their affidavits by December 11.

We are staying implementation of the impugned guidelines until then," the court said.

HC noted that this was the third time such guidelines were being promulgated. When such guidelines were first introduced in 2014, the current petitioner challenged had it and HC had stayed those then too, PTI stated.

One private realtor, Vasant Sagar Properties, had moved the Supreme Court challenging HC's order, which is still pending.

The court said when the matter is pending, guidelines similar to the one issued in the past could not have been enforced once again. It added that the 2023 guidelines shall not be accepted except in the case of Vasant Sagar Properties and said their application seeking permission before the Mumbai civic body shall be considered in accordance with the law.

(With PTI inputs)