The Indian Express               18.12.2013

HC to BMC: Bear maintenance cost of shaky heritage buildings

THE Bombay High Court Tuesday suggested that the Brihanmumbai
Municipal Corporation (BMC) should bear the maintenance cost of
dilapidated buildings in heritage precincts of the city.

The court was hearing a petition filed by Federation of
Churchgate Residents (FCR) that sought the demolition of a 14-storey
residential tower under construction by Vasant Sagar Properties (VSP),
claiming that it is a threat to the heritage precinct of Marine Drive.

Advocate general D J Khambata told the court that those living in
heritage structures should be given incentives to maintain the
structures. Khambata, however, clarified that he had expressed his
personal view and the state government has not considered the issue so
far.

Making his submissions in favour of conservation of the heritage
precinct, Khambata said that Mumbai had a large number of Art Deco
structures and it is second only to Miami. A Division Bench of Chief
Justice Mohit Shah and Justice M S Sanklecha inquired whether the
buildings near the Oval Maidan also formed a part of the heritage
precinct. “Some of the buildings are dilapidated. The corporation should
spend for their maintenance,” Chief Justice Shah remarked.

Concurring with the court, Khambata said that residents of such
buildings should be given tax exemptions. “They should be made to feel
proud of living in heritage structures. There are no incentives for the
owners to beautify these structures. That should be done,” Khambata
said.

To encourage private owners and tenants to conserve and maintain
heritage structures, the BMC’s Mumbai Heritage Conservation Committee
(MHCC) had, in August, recommended that the state government extend
financial incentives, such as tax benefits and concessional interest
rate on loans, to such properties. Besides, trusts and charitable
institutions donating money to such properties should be allowed income
tax deduction, the committee has said.

The VSP had contended that as per a Government Resolution of
September 4, 2009, special permission is required from the Municipal
Commissioner (MC) for reconstruction of old buildings under Regulation
33 (6) of the DCR. Under 33 (6), permission from the heritage committee
is not required as the MC can grant permission for buildings higher than
24 m.

FCR’s counsel Aspi Chinoy, however, argued that the entire
skyline from Nariman Point to Girgaum Chowpatty comprised of buildings
upto 24 m high, and an over 50 m highrise would be “completely
destructive to the heritage precinct”.

The BMC’s counsel V A Thorat said that there was nothing
arbitrary about the discretion exercised by the MC in granting the
sanction for construction of the building, as it was within his powers.
He also said that the state government had not yet defined the
boundaries of the heritage precinct. The court has reserved its judgment
in the case.