Mumbai: High Court gives thumbs up to BDD chawl redevelopment; disposes of PIL alleging haphazard work

Mumbai: Observing that Environment Impact Assessment (EIA) and Green Rating for Integrated Habitat Assessment (GRIHA) demonstrate that light and ventilation within rehabilitation buildings of Bombay Development Directorate Chawl (BDD Chawl) are “satisfactory and comply with norms”, the Bombay High Court has disposed of a PIL which alleged that its redevelopment was being done in a haphazard manner.

A division bench of Acting Chief Justice SV Gangapurwala and SG Chapalgaonkar on Thursday disposed of the PIL by Shirish Patel and others. The PIL had alleged that the buildings are close to each other and the lack of light and air may contribute to diseases like tuberculosis and other health issues.

The respondents in the matter were the government, MHADA and builders. The bench noted that it appears that the chawls were constructed in 1920­-25 and have outlived their life and are in a dilapidated condition.

The court took note of the EIA report submitted by the respondents in which a socio-economic test was also conducted. Also, a sample flat was constructed and nobody has raised any objection to it.

The bench also noted, “The reports also provide that during construction and operation phase, ambient air control, exhaust from DG set, noise level, water analysis and sewage analysis shall be regularly done at the locations.” The bench added that the environmental clearance given by competent authorities does not demonstrate that the construction activity is against the provisions of any rules and regulations in force.

Disposing of the PIL, the HC averred, “In the present case, it has not been demonstrated by the petitioners as to how the redevelopment project of the rehabilitation buildings is not in tune with the Development Control Regulation provisions.”