The iconic Chandan cinema at Juhu, Bombay, which was the favourite of many film personalities living in the vicinity, till it shut down some years back, can now be rebuilt following an October 11 judgement of the Bombay high court. The high court bench of Justices S.B. Shukre and F.P. Pooniwalla held that a 1976 notification issued under the Works of Defence Act, 1903, does not prohibit the owner of the cinema from reconstructing up to a height of 15 metres, keeping the rest of the dimensions the same as those which existed earlier.
The court refused a plea made by the additional solicitor general, Devang Vyas, for the defence ministry to stay its order to enable an appeal.
Land owner Sameer Joshi had petitioned the high court in 2021, seeking permission to construct, saying that the notification and hence height restrictions would not apply to its plans. It was argued that the notification exempted structures which existed prior to June 19, 1976 and were taller — beyond 15 metres. The original cinema had a height of 16.9 metres. The completion certificate of the cinema was dated December 1, 1973.
Devang Vyas told the court, the notification would apply to the construction that existed on the plot enabling the structure to be maintained, but with a prior written approval of the commanding officer. He argued that the proviso “does not envisage nor permit the demolition and reconstruction or redevelopment or construction of a new structure”.
The court said, “The question that arises for our consideration is whether such a permanent construction, which has already been completed at the commencement of the said notification, can be redeveloped. In our view, since the purpose of the said notification is to protect already existing permanent constructions, in keeping with this purpose, if such an already existing permanent construction has to be redeveloped, then the said notification does not bar any such redevelopment.”