PIL challenging parking tower at Breach Candy dismissed

Mumbai, Dec 7 (UNI) The Bombay High Court today dismissed a Public Interest Litigation (PIL) filed by Breach Candy Residents Association challenging the construction of a multi-level mechanised parking tower and a departmental store adjacent to it at a major traffic junction here.

A Division Bench comprising Chief Justice H S Bedi and Justice V M Kanade held, 'prima facie, that there seemed no illegality by the Municipal Corporation of Greater Mumbai (MCGM) permitting the construction'.

The court observed that the departmental store is less than 22 metres, which is the permitted height for construction in a CRZ-II area. Also, the parking tower, that crosses 50 metres, is permissible as it is for public use and benefit. Hence the construction did not violate the Development Control Rules.

The court held that the construction, which is on the seaward side of the Bulabhai Desai Marg, was within the imaginary lines of the CRZ provisions, thus not in violation of the same.

The multi-level mechanised parking tower is being constructed by Akruti Nirman Developers after being awarded the tender by the MCGM on BOT (build, operate and transfer) basis in 2003.

However, Advocate D S Khambata, on behalf of the petitioners had opposed the construction submitting that the land was being used for purpose contrary to that of allotment. It was transferred to the MCGM by the state to be used for public park and playground in 1939.

Later, in the 1970's, the MCGM resolved to use the plot for public parking, public sanitary and welfare centre.

But Advocate Janak Dwarkadas, on behalf of the developers, submitted before the court that the plot was dominantly being used for public use and any ancililliary development could not be called illegal. Also, there wasn't any violation of the DCR or CRZ rules, he added.

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