In yet another consequential judgement, the Bombay High Court (HC) has allowed construction of high-rise building, in the Fort heritage precinct without mandatory no-objection certificate (NOC) from Mumbai Heritage Conservation Committee (MHCC), as required by the Brihanmumbai Municipal Corporation (BMC).
The division of justice Gautam Patel and Kamal Khata last week passed an order allowing Shreeji Realty to build a 69.90-metre-high residential. It further stated that the civic body had not imposed any such condition while allowing a high-rise just a few metres from the spot where the developer was executing its project.
The petitioner said while granting permission for redeveloping three structures spread over 323 square metres at the junction of Nadirshah Sukhiya Street and Pitha Street.
It is pertinent to note that the BMC had on December 29, 2021, asked the developer to obtain an NOC from MHCC for constructing a building with a height of 69.90 metres as the site fell in Fort heritage precinct.
However, in the last hearing, the lawyer argued that the civic body had allowed a new building – over 60 metres in height – just across the street and permission could have been given to Shreeji Realty as well.
The bench said the premise that the condition was entirely without the authority of law and contrary to clause 9(D)(b) of regulation 52 of DCPR 2034 appeared to be correct because that clause did not say that MHCC’s NOC was mandatory, and it only required that guidelines for preservation of heritage precincts may be taken into consideration.
Furthermore, the court said since BMC failed to show that MHCC permission was granted to the building across the street, it was difficult to see how such a condition could be accepted for the petitioner’s property. If that permission was indeed granted and such a tall building has been allowed to be put up, it means there is no restriction of the kind that is now sought to be imposed on the petitioner.
Later, the bench directed BMC to issue all necessary permissions – fresh development permission, full commencement certificate, occupancy certificate etc., to the petitioner without insisting on an NOC from MHCC.
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