Constructing Ambedkar Smarak room and Buddha Vihar is not simply a matter of erecting physical structures but it has deep emotional and religious sentiments: Bombay HC

Constructing Ambedkar Smarak room and Buddha Vihar is not simply a matter of erecting physical structures but it has deep emotional and religious sentiments: Bombay HC

The Bombay High Court ruled that Constructing Ambedkar Smarak room and Buddha Vihar is not simply a matter of erecting physical structures but it has deep emotional and religious sentiments.

Background 

The Applicant is the original Petitioner. It is a developer undertaking a large redevelopment. The present controversy relates to the provision of a Buddha Vihar for the Respondent, the Nalanda Buddha Vihar Sangh. The Interim Application challenges an order of 2021, by which the authority (Executive Engineer, BP Cell, MHADA) stopped the Petitioner from completing (or continuing) with the construction of a Buddha Vihar and Dr Ambedkar Smarak Room, allegedly because it was non-conforming.

Arguments 

Advocate Waghmare, appearing for the respondent, submited that the STP, by whatever name called, is barely three meters from the Buddha Vihar/Smarak Room. Further, according to him, the exhaust vents of this STP are positioned in such a way that they directly face the Buddha Vihar/Smarak Room.

Decision 

The division bench of Justice Madhav J. Jamdar and Justice G. S. Patel said that they are unable to accept Mr Waghmare’s final submission that at this stage the location of the Buddha Vihar should be entirely changed to some new site. 

The court believed that there is considerable substance to the submission by Mr Dhakephalkar for the Petitioners that such a reconfiguration is simply impossible and will jeopardise the entire project, which is in one of Mumbai’s most densely congested localities, Dadar. There is not enough physical space for a complete or overall reconfiguration that Mr Waghmare’s submission entails, especially when construction has proceeded to such an extent. 

The court did not see that its present order was in anyway in conflict with the order of 9th October 2017 of the previous Division Bench. Consequently, it is unable to accept Mr Waghmare’s submission in that regard.

The court quashed and set aside the order dated 21st December 2021 and make the IA absolute in terms of prayer clause (a).

Case title: Sheetalsagar Builders & Developers Pvt Ltd v/s The Chief Engineer-II Authority & Ors

Citation: WRIT PETITION NO. 2518 OF 2021

Click here to read the Order/Judgment

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