Court refuses to stay construction near refinery
Despite security concerns by the Bharat Petroleum Corporation Limited (BPCL) refinery in Mahul-Chembur, the Bombay High Court has refused to stay the construction of a 13-storey building — Mamatadeep Heights — coming up in its vicinity.mumbai Updated: Jan 13, 2010 00:39 IST
Despite security concerns by the Bharat Petroleum Corporation Limited (BPCL) refinery in Mahul-Chembur, the Bombay High Court has refused to stay the construction of a 13-storey building — Mamatadeep Heights — coming up in its vicinity.
The under-construction building is 33 meters away from the compound wall of the refinery. There are no multi-storied buildings around the BPCL, which was one of the initial targets of 1993 bombers.
The division bench of Acting Chief Justice J.N. Patel and Justice B.R. Gavai admitted the BPCL’s petition but refused to grant a stay on the construction of Mamatadeep Heights.
The HC has clarified that although the developer may go on with the construction, its fate will be subject to final orders of the court.
The tussle over the security of BPCL started after the difference of opinion of the Mumbai police and the Brihanmumbai Municipal Corporation (BMC).
The police had opposed the building’s construction near BPCL citing security threats to the refinery.
However, the BMC had shrugged it off saying, “Nothing is going to happen, we are safe.”
The BPCL approached the high court in 2008.
Dilip Sawant, DCP zone VI, had filed an affidavit confirming threat perceptions.
The Ministry of Home Affairs has listed the BPCL refinery as ‘A’ category for the purpose of adopting security measures, states the petition.
M.M. Vashi, counsel for the developer, opposed the petition saying that the BPCL could approach the government and get it declared as ‘No Development Zone’.
“The government has termed it as residential zone,” said Vashi.