Mumbai: The Bombay High Court has dismissed a petition filed by Mahal Pictures Pvt Ltd, the owners of the famous Kamalistan Studio, seeking direction to the BMC to acquire 9,540 sq mt land owned by the production house in Andheri.
About Kamalistan Studio
The studio was established by late filmmaker Kamal Amrohi, who was associated with blockbusters like Pakeezah, Dil Apna Aur Preet Parai, Mahal, and Razia Sultan. Kondivade Caves, also known as the Mahakali Caves, are located on the land where the studio is situated in Vyarvarli village in Andheri.
The land was reserved by the BMC for “social amenities” as it falls in the vicinity of the caves, a protected monument under the Ancient Monument Preservation Act, of 1909. Owing to the “protected” status of the land, Mahal Pictures cannot put it to commercial use. It, therefore, contended that the BMC should acquire it and offer them land acquisition compensation or DRC (Development Rights Certificate) or TDR (Transferable Development Right).
Civic Body Rejects The Production House's Plea
On August 2, 2019, the civic body rejected the production house’s plea, claiming that it was not the appropriate authority to grant such DRC or TDR. The BMC, however, informed the court that it has its “priorities” which lean in favour of the basic requirements like hospitals, schools, and playgrounds.
BMC counsel NV Walawalkar said that the Planning Authority is not desirous of acquiring the land at this stage, however it may do so if it decides to develop it by way of tourism. It is at that time that the petitioner may get the necessary TDR/ FSI as per the prevailing regulations, Walawalkar added.
The court remarked that petitioners had purchased the land “with open eyes” in February 1957, being fully aware about its reserved and protected status.
“The petitioner… cannot now argue that it is onerous to maintain the land and persist with insistence to acquire it,” a bench of Justices Bharati Dangre and Manjusha Deshpande said.
Observation Made By The Bombay HC
Considering the civic body’s stand, the HC said, “The government cannot be compelled to acquire the land, as taking up a project will lie with the executive and we do not think that any writ of mandamus can be issued directing the corporation to acquire it,” the bench added.
The judges underlined that the caves have been in existence since time immemorial and lamented that neither the Archaeological Survey of India (ASI) nor the state government have taken any steps for the development of the site. It added that the Constitution of India casts a duty on the authorities to protect every monument and also on every citizen to value and preserve the rich heritage of our composite culture.
