Bombay HC Overrules BMC, Allows Construction Of 69.90-Meter High Building in Fort Heritage Precinct

Mumbai: The Bombay High Court recently struck down the condition imposed by the BMC and permitted the construction of a 69.90-meter-high building in the Fort heritage precinct in South Mumbai without the mandatory no-objection certificate (NOC) from the Mumbai Heritage Conservation Committee (MHCC).

A division bench of Justices Gautam Patel and Kamal Khata struck down the condition imposed by the BMC on Shreeji Realty last week, noting that the civic body did not impose a similar height restriction while allowing the construction of a high-rise a few meters away from the said project.

BMC has asked developer to get NOC from MHCC

According to the plea, the redevelopment is to be carried out on three structures spread over 323 square meters at the junction of Nadirshah Sukhiya Street and Pitha Street. In December 2021, the BMC asked the developer to obtain an NOC from MHCC for constructing a building with a height of 69.90 meters as the site falls within the Fort heritage precinct. The municipal commissioner reiterated the condition in December 2022.

The petitioner pointed out that although the property was in the Fort heritage precinct, the three old structures constructed on it had no aesthetic, architectural, historical, or any other importance at all.

Furthermore, the civic body had permitted the construction of a building over 60 meters high just across the street. Hence, the permission could have been granted to Shreeji Realty as well, it contended.

Since the BMC failed to show that MHCC permission was granted to the building across the street, the HC said it was difficult to see how such a condition could be accepted for the petitioner’s property.

The HC has directed BMC to issue all necessary permissions to the petitioner without insisting on an NOC from MHCC.