Formulate policy guideline for allowing redevelopment in industrial zone: High Court

The court was hearing a petition filed by Bharat Petroleum Corporation LTD (BPCL), Mahul village, to quash and set aside an order passed by the Brihanmumbai MC, granting permission for redevelopment to Satwaratna CHS LTD, near the refinery.

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Former municipal councillor Masood Ansari, city-based NGO ‘Rising Voice Foundation’ and advocate Devendra Mishra had filed the petition last week. (File)

The Bombay High Court on Monday said it was time for the civic body to formulate a policy guideline for allowing redevelopment of areas by demolishing old buildings and in the industrial zone, keeping in view the sensitive zones.

The court was hearing a petition filed by Bharat Petroleum Corporation LTD (BPCL), Mahul village, to quash and set aside an order passed by the Brihanmumbai Municipal Corporation, granting permission for redevelopment to Satwaratna CHS LTD, near the refinery. According to the order, the society was asked to submit a registered undertaking stating that the flats would be sold to prospective buyers only after due police verification was made. The order also said, “BPCL’s concerns towards the safety and security of the vital installations/refineries, it is suggested that BPCL can acquire the surrounding land and may apply to the government for suitable modification in the development plan for buffer zone for a certain distance, as deem fit.”

Acting Chief Juctice Naresh H Patil and Justice G S Kulkarni asked, “…Whether the municipal corporation in consultation with the Urban Development Department would formulate a policy…guidelines for allowing redevelopment of areas by demolishing the old buildings and redevelopment in industrial zone keeping in view the sensitive installation like oil refineries, ports, airports, defence areas, establishments and any other sensitive areas, in the Central government, state government and the local authority.”

The petition said the Ministry of Home Affairs, has confirmed that the BPCL refinery is categorised as “A” for the purpose of adopting security measures. For the purpose of minimising the security risks to the refinery, it is absolutely necessary and essential that no further construction activity should be allowed or be permitted in the areas and on the lands adjacent to around the refinery. “Such further construction would enormously and appreciably add to the security threat to the said refinery…,” the petition said.

Justice Kulkarni said the construction of the house should be for comfortable living, to get proper facilities and not at such places where people would be prone to diseases. There has to be proper redevelopment plans and policies. An unfortunate incident like the Bhopal gas tragedy should not happen again, the court observed.

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