HC seeks MHADA, BMC response on ‘violations’ in redevelopment of Kamathipura building

Petitioner Asif Abdul Sattar had claimed that the redevelopment is not in accordance with Development Control and Promotion Regulations.

The HC has said that with regard to concerns expressed by the petitioner that plans have been sanctioned and building permissions granted in violation of law, it was inclined to invite reply from the state government, the Maharashtra Housing and Area Development Authority (MHADA), BMC and others within four weeks.

It said that petitioner can file the rejoinder within two weeks thereafter and the Court will hear the plea in due course.

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was on March 21 hearing the PIL filed by Sattar – argued through advocates Shishir Joshi and Priti Joshi.

The HC noted that while Sattar had clear knowledge of the redevelopment of the building, which commenced in 2014, he waited till last August to start gathering information and ultimately moved court on November 16, 2021, when construction of the new building upon redevelopment had progressed to a substantial height.

It added that while part Occupation Certificate (OC) has been issued in respect of the portion meant for rehabilitation of Pila House occupants, part OC has been granted for a public parking lot as well.

“The petitioner has chosen not to disclose the identity of an architect from whom he derived information. The conduct of the petitioner, therefore, is not such that it would entitle him to any ad/interim relief. We, thus, do not consider it appropriate, at this stage, to accede to the request of the petitioner for ad/interim relief.”

“However, having regard to the nature of concern expressed by the petitioner that plans have been sanctioned and building permissions granted in violation of the extant law, we are inclined to invite reply affidavits from the respondents,” it added.