Can not examine legality of every building in the city: HC

Written by: Pti
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Mumbai, Feb 3 (PTI) The Bombay High Court today said itcan not look into the legality of each and every building inthe city, and it has already passed a general order last monthdirecting the Brihanmumbai Municipal Corporation to conduct asurvey of illegal buildings.

The division bench of Justices P B Majmudar and AmjadSayed was hearing a PIL filed by social activist SimpreetSingh against a 32-storey building constructed by filmfinancier and diamond merchant Bharat Shah in south Mumbai.

"You (Simpreet) first picked on actor Shahrukh Khan''sbungalow and now you have chosen this Bharat Shah''s building.

Why are you selecting only such cases?" Justice Majmudarasked.

According to the petition, the building in the plushMalabar Hill area in south Mumbai violates as many as 24 CRZrules and Development Control Regulations.

The plot where the building stands was meant for aparking lot and a retail market, it states.

"The court cannot look into each and every building. Thatis the civic body''s job. If you (petitioner) can show us thatthe permissions were given following some politician''sintervention, then we will immediately order demolition,"the division bench said.

Senior counsel Aspi Chinoy, appearing for the developer,argued that all necessary permissions had been obtained. "Thebuilding was constructed in 2005 and all the flats have beenalready sold."

Objecting to the building now will only victimise thesociety members, he said.

The court will hear the PIL further on February 9.

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