The Bombay high court has directed the BMC to clear bureaucratic maze for the redevelopment of a building in Shivaji Park area, saying the neighborhood is not notified as a heritage zone. The court has directed the civic body to issue a commencement certificate to facilitate redevelopment works there.
Chief justice Mohit Shah and justice M S Sanklecha heading a division bench heard a plea on April 25 by Buildarch Land Developers. The petition said the BMC had not issued the firm a commencement certificate for the redevelopment project even though the HC directing the municipal corporation to do so on February 20. Buildarch’s advocate Sanjay Kadam stressed the civic body’s refusal was an injustice to the tenants, who are living in transit accommodation since August 2013, when the building was demolished.
The civic body pleader S U Kamdar defended its action. Citing HC’s March 14 judgment in Vasant Sagar building case in Churchgate the court had issued directions for framing of guidelines for maintaining the skyline. That ruling, Kamdar said, would also be valid to Shivaji Park.
On the contrary, the judges pointed out that the Vasant Sagar judgment dealt with the redevelopment of dangerous, dilapidated or collapsed buildings in the Marine Drive heritage area, which was notified in 1995. They added that the Buildarch project is in Shivaji Park area, which was planned to be added to the heritage list; but the civic body has suggested the state that it should not be notified as a heritage zone.









