HC seeks MHADA, BMC response on ‘violations’ in redevelopment of Kamathipura building

Petitioner Asif Abdul Sattar had claimed that the redevelopment is not in accordance with Development Control and Promotion Regulations.

3 min readMumbaiMar 27, 2022 11:52 AM IST

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The HC asked the PDJs to verify whether reports of such meetings, if conducted, are sent to High Court administration and if meetings are discontinued for some reason, PDJs are directed to hold such meetings periodically. (File)

The Bombay High Court has refused to grant interim relief to a petitioner expressing concerns over plans sanctioned by the BMC for demolition and redevelopment of Pila House, an old building in south Mumbai’s Kamathipura.

Petitioner Asif Abdul Sattar had claimed that the redevelopment is not in accordance with Development Control and Promotion Regulations.

The HC has said that with regard to concerns expressed by the petitioner that plans have been sanctioned and building permissions granted in violation of law, it was inclined to invite reply from the state government, the Maharashtra Housing and Area Development Authority (MHADA), BMC and others within four weeks.

It said that petitioner can file the rejoinder within two weeks thereafter and the Court will hear the plea in due course.

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was on March 21 hearing the PIL filed by Sattar – argued through advocates Shishir Joshi and Priti Joshi.

The HC noted that while Sattar had clear knowledge of the redevelopment of the building, which commenced in 2014, he waited till last August to start gathering information and ultimately moved court on November 16, 2021, when construction of the new building upon redevelopment had progressed to a substantial height.

It added that while part Occupation Certificate (OC) has been issued in respect of the portion meant for rehabilitation of Pila House occupants, part OC has been granted for a public parking lot as well.

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“The petitioner has chosen not to disclose the identity of an architect from whom he derived information. The conduct of the petitioner, therefore, is not such that it would entitle him to any ad/interim relief. We, thus, do not consider it appropriate, at this stage, to accede to the request of the petitioner for ad/interim relief.”

“However, having regard to the nature of concern expressed by the petitioner that plans have been sanctioned and building permissions granted in violation of the extant law, we are inclined to invite reply affidavits from the respondents,” it added.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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