High Court stays redevelopment near Banganga temple precinct

The Bombay High Court on Monday stayed the redevelopment in the area adjoining the Banganga temple heritage precinct following a petition by the temple’s official trustee.

The official trustee,who had been appointed by the HC,had sold the FSI potential of the adjacent plot to Earth Design and Development in 1997. Since the temple is a Grade (I) heritage structure,no development was permissible in its precinct. As it also an A-category cessed structure (constructed before September 1940),redevelopment was permissible only in respect of the existing adjoining structure. “By virtue of this,the developer could develop only the adjoining eight tenanted structure without touching the temple premises,” said G W Mattos,counsel appearing for MHADA. MHADA had granted an NOC for the redevelopment in June 2002. Mattos pointed out that the relevant clause of DC rules permits the loading of extra FSI on plots in suburban areas in the form of TDR. This means the balance FSI potential could be utilised in suburban areas,he said.

There were eight structures adjoining the temple premises including one occupied by the temple priest. Out of the eight,seven gave their consent while the official trustee,who was in possession of one structure,refused consent. He challenged in court the NOC granted by MHADA as well as eviction of the priest.

The petitioner argued that redevelopment was not permissible,as it was not taking place in consonance with DC regulations,which allowed redevelopment by a society of tenants or society of landlord and tenants. “In the present case there was no cooperative society of tenants,” petitioner pointed out.

Mattos,meanwhile,argued that under 33/7 the occupants also could come forward and undertake redevelopment. However,Division Bench of Justice F I Rebello and Justice J H Bhatia admitted the petition and stayed the redevelopment.