The Bombay High Court recently halted a third attempt by the state and BMC to raise building heights in Marine Drive's heritage precinct to 58m. Churchgate residents challenged the 2023 guidelines through a public interest litigation (PIL), arguing that such changes would result in a disjointed and legally unsustainable skyline. The High Court, citing previous rulings and pending Supreme Court appeals, ruled that similar guidelines should not have been issued. The court directed the suspension of the 2023 guidelines, except for the Vasant Sagar project, and requested responses from the state and BMC.
The Bombay High Court recently stayed a third attempt in the past 12 years by the state and the BMC to increase the height of buildings located in the second row and beyond at Marine Drive. The proposal aimed to allow buildings to rise to 58m, or approximately 15 storeys, within this heritage precinct. Churchgate residents had approached the High Court with a public interest litigation (PIL), challenging the 2023 guidelines. These guidelines permitted the first row of buildings to remain at five to six floors, but allowed builders to seek special permissions for redevelopment projects, potentially increasing the height of structures beyond the first row to 58m in what is one of the city's most desirable areas.
The case was heard by Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, who expressed frustration with the state and BMC. They questioned how many times the High Court would need to intervene to halt such proposals. They referred to the state's decision last year to sanction guidelines that granted special permissions for redevelopment projects within the Marine Drive precinct. The Federation of Churchgate Residents, along with Ashok Rao, Conservation Action Trust, Oval Cooperage Residents Association, and Nariman Point Churchgate Citizens Welfare Trust, voiced their concerns that the Queen's Necklace would develop an uneven and unsightly skyline, which they argued would be legally unsustainable. These residents' groups had filed the public interest litigation (PIL) to challenge the guidelines issued in September 2023.
Senior Counsel Aspi Chinoy, representing the residents, informed the High Court that this was not the first time such a proposal had been contested. He highlighted two previous rounds of litigation in which earlier guidelines permitting the construction of buildings over 24m in height had been halted by the court. Chinoy also mentioned that a related challenge, regarding a judgment passed in March 2014, was still pending in an appeal before the Supreme Court.
Senior Counsel Aspi Chinoy, in his request to stay the guidelines, referred to a 2014 High Court judgment related to a public interest litigation (PIL) filed in 2012. This earlier PIL had challenged the original guidelines, which permitted the construction of higher floors based on a so-called "line of vision" test. This test essentially determined that when standing at one end of the road on the seafront promenade, the alignment of the first row of buildings was maintained, while the second row on Marine Drive remained visible.
The High Court ruled that, given the pending appeal in the Supreme Court and a separate PIL from 2018 still before the High Court, neither the state nor the BMC should have issued similar guidelines. As a result, the court directed that the 2023 guidelines should not be enforced, except for the Vasant Sagar project, which was based on a Supreme Court order. After hearing from the state's lawyer, Abhay Patki, and the BMC's representative, Oorja Dhond, the High Court requested affidavits in response from the state and the BMC by early November.
The Bombay High Court's decision to stay the 2023 guidelines highlights the ongoing struggle between urban development and heritage conservation in Mumbai's iconic Marine Drive precinct. By suspending the guidelines, except for one project, the court has reinforced the importance of preserving the architectural integrity of the area while respecting legal precedents. The continued legal scrutiny, including the pending Supreme Court appeal, underscores the complexity of balancing modern redevelopment ambitions with the need to protect Mumbai's historic skyline from drastic changes that could compromise its character.
Advertisement
Facebook
Whatsapp
