In an interim decision issued on Thursday, the Bombay High Court delayed the execution of 2023 rules that would allow special clearance to be granted for rehabilitation project structures of up to 58 metres in height on the Marine Drive precinct in south Mumbai. It questioned whether authorities intended to change the area’s skyline.
The petitioner association of local residents had challenged the rules, which stated that the height of structures along Marine Drive in the row behind the front row buildings can be increased from 24 metres to 58 metres with special permission issued by the BMC Commissioner. Based on the height restrictions imposed, the buildings were divided into three categories.
The Marine Drive district Heritage Guidelines were developed with the assistance of the Mumbai Heritage Precinct Heritage Committee to guide the district’s future development. On September 4, 2023, the state government issued a letter to the BMC Commissioner promulgating the disputed rules.
After reviewing previous HC and SC rulings, facts, and submissions, the bench stated, “We, prima facie, find that during the pendency of Civil Appeal (in SC), guidelines similar to those promulgated earlier could not have been issued by the State/Municipal Corporation.”
Source: The Indian Express
