Bombay high court paves way for redevelopment of Mumbai’s Chandan Cinema property

Chandan Cinema, which was built in 1973, was shut in March 2017 after BMC had issued a notice for its demolition because of its dilapidated condition

The Bombay high court (HC) has directed the Brihanmumbai Municipal Corporation (BMC) to approve a plan submitted by Sameer Joshi, the owner of Chandan Cinema, for its redevelopment as part of the Juhu Vile Parle Development (JVPD) scheme.

Bombay high court. (HT Archive)

Joshi assured the two-member HC division bench, comprising justice SJ Kathawalla and justice Anuja Prabhudessai, that he would not start any construction work without the court’s permission.

Earlier, Joshi had moved the HC, challenging a notification issued in June 1976 under the Works of Defence Act, 1903, imposing restrictions on construction work in the vicinity of a military installation at Juhu.

Chandan Cinema, which was built in 1973, was shut in March 2017 after BMC had issued a notice for its demolition because of its dilapidated condition.

The notice led Joshi to come up with a plan to redevelop the property, including a 50.70-metre (m) basement and a ground plus 11-storey building.

He had also secured a no-objection certificate (NoC) from the Airports Authority of India (AAI).

However, he was advised to obtain an NoC from the station commander of Juhu Military Station, as the property was located close to the defence installation.

According to a June 1976 notification, construction is permitted only to the height of 15.24m within 457.20m, or 500 yards, from the boundary wall of the military installation.

On July 18, 2019, BMC took into account Joshi’s plea and forwarded a proposal to the military commander for the latter’s consideration.

The commander rejected the proposal a month later, citing it to be in violation of the June 1976 notification.

In November 2019, Joshi applied to the BMC to sanction the plan for construction up to 15.24m, which was within the permissible limits.

He moved the HC after he did not receive a response from the civic body.

The HC accepted Joshi’s contention that the June 1976 notification exempted the construction made before its issuance regarding height restrictions. The court directed BMC to consider Joshi’s proposal for construction up to the existing height of the defunct Chandan Cinema.