Mumbai, April 9: Clearing the way for redevelopment of the iconic Lincoln House on Bhulabhai Desai Road, Breach Candy, in south Mumbai, the Bombay High Court has dismissed a public interest litigation (PIL) challenging approvals granted for the project, holding that the plea lacked bona fides and was driven by private motives.
Petition challenges approvals and concessions
The petition was filed by the Altamount Road Area Citizens Committee, which alleged that permissions, concessions, and sanctions granted by the BMC to developer M/s Krishna and Company were “arbitrary, illegal and in contravention” of applicable rules. The plea sought cancellation of sanctioned plans and other approvals for the redevelopment.
Concerns raised over safety and infrastructure
The petitioners claimed that the authorities had set a “wrong and dangerous precedent” by granting illegal concessions and raised concerns about fire safety, open spaces, and infrastructure stress in the area.
Senior counsel Darius Shroff argued that relaxations granted under Development Control Regulations compromised safety and violated residents’ right to life under Article 21.
State and developer defend approvals
However, the State and the developer opposed the plea, contending that all approvals were granted in accordance with applicable Development Control Regulations and subsequent Development Control and Promotion Regulations (DCPR 2034).
Senior counsel Milind Sathe, appearing for the State, submitted that the building plans were sanctioned as per prevailing norms and that the project, being a redevelopment of a cessed structure, was entitled to certain concessions.
Court finds no illegality in approvals
A bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam accepted the respondents’ submissions, noting that the original approvals dated back to 2002 and had been amended from time to time in compliance with regulations. It held that there was “no illegality” in the sanctions granted and that minor discrepancies, if any, could not justify judicial interference.
Fire safety concerns rejected
The petitioner had argued that there was not enough space on all four sides of the building for the passage of the fire tender and it would pose a high risk of loss of life and property if a fire breaks out in the building.
Rejecting concerns over safety, the court observed: “we do not find any basis for such apprehensions. The subject building has inbuilt in-house fire fighting systems which are catered with dual power supply and dedicated water-tank for fire extinguishing purposes.”
Court questions maintainability of PIL
Importantly, the bench came down heavily on the maintainability of the PIL. It said, “A petition filed in the garb of public interest litigation cannot be entertained where no material facts constituting a cause in the larger public interest has been disclosed.”
The court further remarked, “The public interest litigation jurisdiction cannot be invoked by a person to further his personal cause or satisfy his personal grudge and enmity.”
PIL dismissed, interim relief vacated
Noting delays and lack of prosecution in interim applications, the court held that the process had been “abused”. It also observed that such petitions “obstruct functioning of the government machinery and result in wastage of Court’s invaluable time”.
Dismissing the PIL, the HC vacated the interim order granted in 2018.
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About Lincoln House
Lincoln House in Breach Candy, south Mumbai, is a renowned Grade III heritage sea-facing bungalow purchased by billionaire Cyrus Poonawalla for Rs 750 crore in 2015. Originally known as Wankaner House, it was built in 1933 and formerly served as the U.S. Consulate for nearly six decades.
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