The Bombay High Court today said those buildings in Shivaji Park area here which got commencement certificates for redevelopment prior to the Mumbai Heritage Conservation Committee's decision to include the area in heritage list will not be affected.
Redevelopment of such buildings can proceed, it said. A structure can not be demolished once it gets status as a heritage building.
The division bench of Chief Justice Mohit Shah and Justice M S Sanklecha was hearing two petitions -- one by Shivaji Park resident Arun Chitale and another by Maharashtra Chamber of Housing Industry -- challenging the July 31, 2012 decision of the heritage committee to include the area in the proposed heritage list.
The petitions have also challenged the August 13, 2013 circular issued by Brihanmumbai Municipal Corporation, directing concerned officers to obtain a No Objection Certificate from the heritage committee before sanctioning redevelopment or repair of buildings in the area.
Senior advocates Virendra Tulzapurkar and Milind Sathe, appearing for the petitioners, argued that several buildings in the area needed urgent repairs.
BMC lawyer S U Kamdar said the civic body was still considering the suggestions and objections to the heritage committee's decision, and would submit a final report to the state government later.
Observing that the BMC might take time to take decision, High Court said interim relief should be given to those buildings which were granted commencement certificate for redevelopment prior to July 31, 2012.
"The buildings whose proposals were sanctioned and demolition was done lawfully between July 31, 2012 and August 14, 2013 shall approach the BMC once again for permission to carry out redevelopment work," the court said.
The bench has directed the state government to file its affidavit by November 25.
