The Bombay High Court recently delayed the state and BMC’s third attempt in the last 12 years to enhance the height of structures in the second row and beyond on Marine Drive. Within this heritage precinct, the proposal aimed to allow structures to reach heights of 58m, or around 15 stories. Churchgate residents filed a public interest litigation (PIL) with the High Court, challenging the 2023 guidelines. These standards enabled the first row of buildings to remain five to six stories tall, but builders may seek special licenses for redevelopment projects, possibly raising the height of structures beyond the first row to 58 metres in one of the city’s most desired locations.
Senior Counsel Aspi Chinoy, representing the locals, told the High Court that this wasn’t the first time such a project had been challenged. He cited two previous rounds of litigation in which the court overturned earlier standards allowing for erecting structures taller than 24 metres. Chinoy further highlighted that a challenge to a March 2014 judgement was still pending in an appeal before the Supreme Court.
The High Court found that, given the pending Supreme Court appeal and a related PIL from 2018 that is still before the High Court, neither the state nor the BMC should have issued identical recommendations. As a result, the court ordered that the 2023 guidelines not be applied, except for the Vasant Sagar project, which was based on a Supreme Court judgement. After hearing the state’s lawyer, Abhay Patki, and the BMC’s representative, Oorja Dhond, the High Court demanded affidavits from both the state and the BMC by early November.
The Bombay High Court’s decision to postpone the 2023 guidelines underlines the continuous conflict between urban expansion and historic preservation in Mumbai’s famed Marine Drive district. By suspending the restrictions, except one project, the court emphasised the necessity of conserving the area’s architectural integrity while adhering to legal precedents. The ongoing legal scrutiny, including a current Supreme Court appeal, highlights the complexities of reconciling modern redevelopment goals with the need to conserve Mumbai’s ancient skyline from radical modifications that could jeopardise its character.
Source: Prop News Time
