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The Bombay High Court has upheld the redevelopment approval for a 16-storey residential building on Altamount Road in Mumbai and dismissed a public interest litigation challenging the project. The court observed that the petition did not demonstrate genuine public interest and appeared to question permissions already granted and implemented. It accepted submissions that approvals were issued in accordance with applicable Development Control Regulations and planning norms. The court further noted that the building was already completed and found no procedural irregularity, reinforcing limited scope of judicial interference in such matters.
The Bombay High Court has upheld the redevelopment approval granted for a 16-storey residential building on Altamount Road in Mumbai and dismissed a public interest litigation that had challenged the project's validity.
The petition, filed by a residents committee, had raised objections that the civic approvals were arbitrary and not in line with planning rules. Concerns were also expressed regarding alleged violations of Development Control Regulations, fire safety provisions, and the potential impact of the project on the surrounding residential locality.
The authorities and the developer, however, maintained that all permissions were granted strictly under the applicable Development Control Regulations and after following the required approval process. It was also submitted that the sanctioned plans complied with all relevant planning norms, including open space requirements, and that no irregularity existed in the construction permissions granted.
The court noted that the approvals in question were issued several years ago and that the building structure had already been completed. It further observed that the petition did not establish any substantial public interest and appeared to be a challenge to an already executed redevelopment rather than a case of clear legal violation.
The High Court also stated that the scope of judicial intervention in such matters remains limited when statutory authorities have acted within their powers and followed due process. Finding no procedural lapse or illegality, it dismissed the public interest litigation and removed earlier interim directions related to the matter.
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