Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
Judgment dated 11.10.2023 of the High Court of Bombay in W.P.No.367 of 2021 in Sameer Baijanath Joshi Vs. Union of India and others
Redevelopment – Restrictions on height of building in the vicinity of Defence establishment in Juhu – Validity of Sections 3, 6,7,11 and 12 of the Works of Defence Act & Notification dated 19.6.1976
The petitioner – owner of the land at Juhu – had constructed Cinema Hall “Chandan Cinema” with the height of 16.913 meters, in 1973.
On 23.3.2017, the BMC had given notice to the petitioner to repair / demolish the said cinema hall since it is in a ruinous condition.
The petitioner prepared plants for re-construction of building with basement plus 11 upper floors with height of 50.70 meters.
The Airport Authority of India had issued NOC on 20.5.2018.
In the DP remarks dated 28.2.2019 of the respondent no.3 BMC, there was no reference for NOC from Defence establishment.
However, on the advise of the Architect, the petitioner applied on 23.5.2019 for NOC of Defence department. The said NOC was refused vide letter dated 16.8.2019 since the proposed redevelopment was in the vicinity of Signal Transmitting Station.
HELD the if there is permanent construction already completed at the commencement of the Notification, the redevelopment is not barred and Notification does not prohibit the petitioner from redevelopment on the said land upto the height of 15 meters subject to the dimensions which would be the same as already existing on the said land. The writ petition was allowed.
