Bombay High Court stays guidelines for highrises on Marine Drive

The Bombay High Court in an interim order on Thursday, 24 October, stayed the implementation of guidelines to facilitate the redevelopment of buildings on Marine Drive up to 58 metres, wondering if the authorities want to change the area’s skyline.

A division bench of Chief Justice D.K. Upadhyaya and Justice Amit Borkar questioned how the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government could issue such guidelines.

“What are you (authorities) doing? How can you take such a decision? Imagine the entire skyline of Marine Drive changed,” the court said.

The court was hearing a public interest litigation (PIL) filed by the Federation of Churchgate Residents challenging the 2023 guidelines issued by the state government to the BMC, which needs to be followed while granting permission for redevelopment projects along the iconic promenade.

Under these guidelines, buildings were grouped into three categories, based on which height restrictions were imposed.

As per the guidelines, if any building in the second row of Marine Drive road wants to exceed the 24-metre height restriction during redevelopment, then special permission could be obtained from the BMC commissioner.

The commissioner could grant permission for a building up to a height of 58 metres.

The PIL challenged this, claiming that the Marine Drive area is a heritage precinct and hence, must be preserved accordingly.

The bench on Thursday issued notice to the BMC and Maharashtra government and directed them to file their affidavits by 11 December.

“We are staying implementation of the impugned guidelines until then,” the court said.

The court noted that this was the third time such guidelines were being promulgated. When such guidelines were first introduced in 2014, the present petitioner challenged had it and the HC had stayed those then too.

One private realtor, Vasant Sagar Properties, had moved the Supreme Court challenging the HC order, which is still pending.

The court said when the matter is pending, guidelines similar to the one issued in the past could not have been enforced once again.

The bench said the 2023 guidelines shall not be accepted except in the case of Vasant Sagar Properties and said their application seeking permission before the BMC shall be considered in accordance with the law.