Supreme Court Dismisses Plea Challenging CRZ Clearance For Additional Floors At Shah Rukh Khan's Mumbai Home 'Mannat'

The Supreme Court on Tuesday dismissed an appeal challenging the Coastal Regulation Zone (CRZ) clearance granted for the addition of two floors to actor Shah Rukh Khan's Mumbai residence, Mannat, refusing to interfere with an order of the National Green Tribunal (NGT) that had rejected the challenge.A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana dismissed the appeal filed against the order of the NGT's Western Zone Bench, Pune, which had rejected the petition by Mumbai-based activist Santosh Daundkar alleging violations in the approvals granted for the proposed construction.Appearing for the appellant, Senior Advocate Shoeb Alam argued that the matter should not be viewed differently merely because it concerned a prominent film star. He added that the petitioner had earlier exposed the Adarsh housing scam and was a respected activist. The bench however responded that it was not at all influenced by the stardom of the respondent. "We are in no way influenced by all of this," Justice Bagchi said.The Chief Justice observed that the authorities had found that there was substantial compliance with the applicable law. "They are living there. If in a residential house they want to have (additional floors) ... it's their choice. Law is broadly followed. Why neighbour or anybody else [should intervene]?", the CJI remarked.The Chief Justice further remarked, "I have very serious doubts on the bona fide of the petitioner." However, Alam pointed out that even the NGT had not questioned the petitioner's bona fides.Alam pleaded that at least the matter be remanded to the NGT for a consideration of the merits. He contended that the matter raised substantial issues, and did not deserve a threshold dismissal.However, the Court was not persuaded, and it proceeded to dismiss the appeal.The NGT OrderThe National Green Tribunal (NGT) had dismissed at the admission stage a challenge to the Coastal Regulation Zone (CRZ) clearance granted for the addition of two residential floors to actor Shah Rukh Khan's Mumbai residence, Mannat, holding that no procedural irregularity or legal infirmity had been shown in the approval granted by the Maharashtra Coastal Zone Management Authority (MCZMA).The petition was filed seeking to quash the CRZ clearance dated January 3, 2025, issued by the MCZMA. Daundkar alleged that the project was tainted by earlier CRZ violations, that heritage structures had been demolished without mandatory environmental clearance, that the property had originally been reserved for an art gallery, and that the project wrongly claimed to fall in CRZ-II instead of the more restrictive CRZ-IA category. He also raised objections regarding the property's alleged coastal erosion, extraction of groundwater and minerals, and previous construction activities.However, the Tribunal found that none of these contentions demonstrated any illegality in the grant of the fresh CRZ clearance.The Bench noted that the impugned clearance was confined to the addition of the seventh and eighth residential floors above the existing six-storey structure, with one duplex residential unit connected by an internal staircase. It recorded that the existing building had already been constructed before the grant of the impugned permission and that the proposal did not involve any horizontal expansion into areas attracting fresh CRZ restrictions.The Tribunal also noted that, according to the Development Plan 2034, the property is situated in a residential zone and is not reserved for any public purpose. It further recorded that the Municipal Corporation of Greater Mumbai had approved the building plans on November 7, 2024 and that the project site had been certified by the Indian Remote Sensing Centre, Chennai, as falling within CRZ-II under the approved Coastal Zone Management Plan, 2019. The site was also found to be located on the landward side of the existing road.Referring to the CRZ Notification, 2019, the Bench observed that residential buildings are permissible in CRZ-II areas on the landward side of existing roads, subject to applicable town planning regulations and floor space index norms. It held that the proposed construction satisfied these requirements.During the hearing, the Tribunal repeatedly asked the appellant to identify any procedural irregularity in the grant of the CRZ clearance. The Bench recorded that instead of answering its queries, counsel for the appellant spent considerable time reading out the various allegations raised in the appeal without demonstrating any legal defect in the approval process.The Tribunal also questioned why the earlier CRZ No Objection Certificate issued by the MCZMA on June 23, 2008 had never been challenged, observing that the present proposal did not involve any extension at the ground level that would attract new CRZ constraints.Rejecting the appellant's submission that the property ought to be treated as falling within CRZ-IA because of its ...

Supreme Court Dismisses Plea Challenging CRZ Clearance For Additional Floors At Shah Rukh Khan's Mumbai Home 'Mannat'

Debby Jain

The CJI expressed doubts over the bona fides of the appellant.

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Debby Jain

Supreme Court Dismisses Plea Challenging CRZ Clearance For Additional Floors At Shah Rukh Khan's Mumbai Home 'Mannat'

Debby Jain

The CJI expressed doubts over the bona fides of the appellant.

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INR 1099+GST

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Debby Jain

This is a premium content
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