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2014 DIGILAW 1524 (BOM)

Maharashtra Chamber of Housing Industries v. State of Maharashtra, through the Office of the Government Pleader

2014-07-14

A.A.SAYED, ANOOP V.MOHTA

body2014
JUDGMENT (PER ANOOP V. MOHTA, J.) Rule, returnable forthwith. Heard finally by consent of the learned counsel appearing for the respective parties. 2. The issue involved in these Writ Petitions pertains to the Doppler Weather Radar (DWR) in Mumbai. By various orders, we have already recorded the importance and urgency of shifting of DWR from the existing place or to install new DWR in Mumbai, as vertical development of projects involving high rise buildings have been stopped since 2010. 3 We have already noted in order dated 3 July 2014 that except Respondent India Meteorological Department (for short, “the IMD”), other Respondents including the State of Maharashtra and the Municipal Corporation of Greater Mumbai (for short, “MCGM”) have no objection to take such effective steps so that the development in the area need not be halted for want of NOC from the IMD. 4. Now, the IMD by affidavit dated 11 July 2014, which is filed today, records as under:“ 3. I now proceed to update the Hon'ble High Court in respect of the Administrative Ministry i.e. Ministry of Earth Sciences clarification that the existing policy guidelines for clearance of tall buildings proposed to be constructed in major Metropolitan cities in the close range of ESSOIMDs DWRs should now onwards need not become hindrance to the compelling development needs of the mega cities like Mumbai. Accordingly, the said guidelines need not be considered to be a part of the clearance mechanism of tall buildings proposed to be constructed in the Major Metropolitan Cities from henceforth, provided additional DWR placement at an appropriate urban locality is totally facilitated (Exhibit-A MoES/VIP/Ref./2013). In view of the above, the Hon'ble High Court may, while disposing of the petitions consider the above submissions of IMD and also consider the need of additional Radar for the safety of the citizens.” 5. We have gone through the affidavit and the supporting documents. As there is no objection for future development in question from any authorities, we are inclined to dispose of the present Writ Petitions by directing the Municipal Corporation to forthwith commence the process of approving plans already submitted and plans that shall be submitted hereafter, in accordance with the Development Control Regulation 1991 without insisting the NOC from IMD. 6. All the concerned parties to support and cooperate and facilitate, an appropriate site for the installation of additional DWR, without further delay. 7. 6. All the concerned parties to support and cooperate and facilitate, an appropriate site for the installation of additional DWR, without further delay. 7. Resultantly, all the Petitions are disposed of. There shall be no order as to costs.