Bombay High Court Halts New Height Guidelines for Marine Drive Highrises Amid Resident Backlash
The Bombay High Court has recently issued a stay on the new height guidelines for highrises on Marine Drive in Mumbai. This decision comes in response to a public interest litigation (PIL) filed by the residents of Churchgate. The PIL challenges the 2023 guidelines that allowed for increased height permissions for redevelopment projects in the prestigious Marine Drive precinct.
A Long-standing Issue
This is not the first time that the height guidelines for Marine Drive have come under scrutiny. In fact, this is the third attempt in the last 12 years by the state and the Brihanmumbai Municipal Corporation (BMC) to increase the height of buildings beyond the first row. Previous attempts to allow buildings over 24m high were also halted by the court.
Backlash from Residents
The Federation of Churchgate Residents, along with other residents’ associations and trusts, filed the PIL to challenge the 2023 guidelines. They argued that the proposed increase in height would result in an irregular skyline and would not be in line with the heritage value of the area. These residents’ groups have been fighting against the increase in building heights for years, and this stay order gives them a temporary reprieve.
Testy Response from the High Court
During the hearing, Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar displayed their frustration with the state and the BMC, questioning how many times the court has to intervene to stop such changes in the height guidelines. This indicates a growing dissatisfaction with the authorities’ attempts to increase the height of buildings in the iconic Marine Drive precinct.
Continued Legal Challenges
The PIL brought before the court highlighted that there are previous rounds of litigation and a pending appeal in the Supreme Court against a previous judgment related to the height guidelines. These legal battles indicate the persistent resistance against the changes proposed by the authorities. The court took note of these challenges and ordered a stay on the 2023 guidelines, except for the Vasant Sagar project, which is already under consideration based on a Supreme Court order.
Way Forward
The Bombay High Court has directed the state and the BMC to file affidavits in reply by November 5. This suggests that there will be further deliberations and evaluations of the arguments presented in the PIL. The court’s decision to stay the guidelines indicates that a careful review of the proposed changes is necessary in order to ensure that the iconic skyline of Marine Drive is preserved while also accommodating the city’s redevelopment goals.
Conclusion
The temporary stay by the Bombay High Court on the new height guidelines for Marine Drive highrises is a boon for the residents who have been vehemently opposing the proposed changes. This decision reflects the court’s recognition of the concerns raised by the residents and its commitment to conducting a thorough examination before allowing any alterations to the height restrictions. It remains to be seen what further actions will be taken by the court and the authorities, but for now, the residents of Marine Drive can breathe a sigh of relief.
