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Supreme Court greenlights Chandan Cinema redevelopment project

Synopsis

Chandan Cinema, an iconic Mumbai landmark, has a storied history deeply intertwined with the city's cultural tapestry. Established in the mid-1970s, it became a beloved destination for diverse cinematic experiences. In 2017, the cinema ceased operations due to structural concerns, leading to a redevelopment plan. The owner faced hurdles, including defence clearance issues, and eventually took the matter to the Supreme Court. The court ruled that redevelopment of existing structures is permitted, provided they don't exceed 15.24 meters in height. The redevelopment is set to include a commercial tower, boutique offices, a premium shopping mall, and an executive-class multiplex theatre.

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Chandan Cinema, a prominent landmark in Mumbai, India, has a rich history deeply intertwined with the city's cultural fabric. Established in the mid-1970s, the theatre quickly gained popularity as a premier destination for cinematic experiences, hosting a diverse array of Bollywood and international films. Over the decades, Chandan Cinema has become synonymous with the vibrant cultural landscape of the city, serving as a cherished gathering place for film enthusiasts and local communities alike. 

Chandan Cinema Hall was built in 1973, on 3,627-square-metre land. It had a height of 16.913 metres and a built-up area of 18,982.06 sq ft. It ceased operations in March 2017, following a demolition notice from the Brihanmumbai Municipal Corporation (BMC), since the structure was dilapidated. 

Sameer Joshi, owner of the land decided to redesign the property by creating a ground floor and two floors over 50 meters high. In 2019, when he was about to submit a permit application to the BMC. However, he was informed that he needed a clearance certificate from the defence authorities as the property was close to a signal transmission station. 

On August 16, 2019, the District Administrative Officer of Maharashtra, Gujarat, and Goa rejected his application on the grounds that the proposal violated the provisions of the notification under the WoD Act dated June 19, 1976. The cinema owner then changed the plan and proposed redesigning his property and limiting the height to 50 feet, which the announcement said was permitted. Joshi said in the petition. 

With defence agencies failing to respond to his revised proposal, he appealed to the Supreme Court in 2021. Joshi said in his plea that the notification allows permanent structures up to 15 meters in height and the reconstruction of these structures was completed before the notification was issued. 

The 1976 notification had imposed restrictions on construction work in the vicinity of a military installation at Juhu. Additionally, Solicitor General Devang Vyas for the Centre sought a stay on the effect of the judgement. However, petitioner Sameer Baijnath Joshi, owner of the land, submitted that the stay would not be necessary as he would be required to submit a fresh plan for redevelopment of the property, and its sanction would take some time. 

During the hearing of a petition filed by Sameer Joshi, the owner of Chandan Cinema, Justice Sunil Shukre and Justice Firdosh Pooniwala mentioned that if there is already a completed structure, at the time of the notification then its redevelopment is not prohibited. However, they clarified that the height of the building should not exceed 15.24 meters as specified in the notification. 

The defence authorities argued that redevelopment is not allowed under the proviso since it only permits already completed structures within 500 yards (457.20 meters) of military installations. The bench disagreed with this argument, stating that the purpose of including the proviso was to safeguard existing permanent constructions thus allowing for their redevelopment. 

The court also mentioned that the government had issued a notification according to section 7 of the WoD Act. This gave them the power to decide which restrictions from its sub sections would be applicable to the land near establishments. They could also make exceptions, for constructions that were already completed. 

According to sources, Wadhwa Group has entered into a joint development agreement with the owner of Chandan Cinemas to build a prime commercial property. Approximately Rs 30 crores has already been paid to the landlord, with the finalisation of the plans still pending. The commercial tower will offer 1.25 lakh square feet of saleable area and boutique office spaces and a premium shopping mall. The existing single screen movie hall will be reconstructed and transformed into an executive class multiplex theatre, with the intention to bring in an international operator to manage the new establishment. 

Construction is expected to commence within the next three to four months and the overall development is projected to be completed within the next two years. While a spokesperson from the Wadhwa group acknowledged the progress, however they chose not to provide specific details about the plan. 

In conclusion, the Chandan Cinema Hall redevelopment project stands as a testament to the delicate balance between preserving historical heritage and embracing modernization. With careful preservation efforts integrated into the redevelopment plans, the project signifies a commitment to honouring the rich cultural legacy of the cinema hall while ushering in a new era of entertainment and community engagement. The anticipated positive impact on the local community, coupled with the revitalization of the cultural landscape, highlights the significance of the Chandan Cinema Hall redevelopment as a symbol of progress and homage to the area's rich cultural history.

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