July 23, 2025: The Bombay High Court on Monday dismissed a public interest litigation (PIL) challenging the construction of a 15-storey high-rise in the Gamdevi heritage precinct of Malabar Hill. The court upheld the legality of provisions in the Development Control Regulations (DCR), 1991, which allow redevelopment of cessed Grade-III heritage buildings exceeding 24 metres in height.
The PIL, filed in 2007 by the Gamdevi Residents’ Association, objected to the redevelopment of Saraswati House—a ground-plus-two-storey cessed building—located within a notified heritage precinct that includes notable landmarks such as Mani Bhavan, where Mahatma Gandhi stayed between 1917 and 1934.
In 2002, the Maharashtra Housing and Area Development Authority (MHADA) issued a no-objection certificate (NOC) for the redevelopment of Saraswati House, allowing for the construction of a new 15-storey structure. The petitioners claimed the new building, which includes a basement, stilt, and 15 upper floors, was significantly taller than others in the area. They further alleged that the executive engineer falsely certified the number of families residing in the building—stating six instead of three—to obtain additional FSI without securing mandatory clearance from the Heritage Conservation Committee (HCC).
Senior advocate Zubin Behramkamdin, representing the petitioners, argued that Regulation 67(7) of the DCR required buildings in heritage precincts to maintain the existing skyline and obtain prior approval from the municipal commissioner, acting on HCC’s advice.
Advocate Oorja Dhond, appearing for the BMC, responded that the Gamdevi precinct was classified as Grade-III and that amended rules allowed the municipal commissioner to grant special permission. She added, “All permissions have been issued strictly in conformity with the DCR, and there is no illegality.”
The division bench, comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne, dismissed the plea, citing the 1999 amendment to Regulation 67, which permits such redevelopment with special approval.
Source: Hindustan Times
