Despite order of the Bombay high court that the Municipal Corporation of Greater Mumbai (MCGM) has to consider proposals for redevelopment of buildings that do not come under proposed Grade I or Grade II heritage structures, the Municipal commissioner has been sitting on these proposals since February.
Dadar Matunga Residents Association has filed an application in the HC, alleging that the MCGM has been sitting on its (HC's) earlier order.
A division bench of chief justice Mohit Shah and justice MS Sonak has kept the application for hearing on July 23 after the BMC advocate sought time.
According to the association, as per the interim order passed by the HC on February 3, buildings within the precincts that are not classified as proposed Grade I or II heritage structures, can obtain permissions for redevelopment, as stated in the Development Control Rules (DCR), from the MCGM.
The MCGM's building-proposals department can consider the redevelopment proposals made by the residents of the proposed Dadar-Matunga heritage precinct and special permission would be required from the municipal commissioner only if the height of the proposed redeveloped structure is likely to exceed 24 metres.
Venkatesh Dhond and Sanjay Kadam, counsels for the petitioner, argued that the despite the HC order, the municipal commissioner has been sitting on applications for redevelopment. "The HC order is crystal clear that the municipal commissioner should consider redevelopment proposals where the height exceeds 24 meters. The commissioner has been issuing statements that the HC order is very confusing and hence he has not taken any decision on any of the applications," argued Dhond.
Trupti Puranik, advocate for the civic body, informed the court that the commissioner has been holding meetings with the officers concerned and soon decision will be taken.
The association had earlier filed a petition challenging proposed new heritage precinct listing, which includes several buildings in Dadar-Matunga area, stating that they "do not have any heritage value".
They had sought a fresh survey of proposed new heritage precincts list and prayed for quashing of the August 14, 2013, circular by the MCGM.
According to the petition, on August 12, 2013, BMC issued a circular to its officers asking them refer development proposals in proposed heritage lists for remarks/NOC to the Mumbai Heritage Conservation Committee (MHCC).
The petition alleges that there entire exercise of recommending additional heritage listing has been made "casually, arbitrarily without proper application of mind and in blatant violation of law".
The petition is still pending before the HC. Meanwhile, the application will be heard on July 23.
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