Bombay High Court Hears Public Interest Litigation Petition Challenging Construction of Residential Building and Public Parking Lot under DCR and MRTP Act — Court Examines Legality of Approvals and Concessions Granted by Municipal Commissioner. The Court Considers Whether Circular Restricting Public Parking Lots to Four Floors Overrides Provisions of DCR 33(24) and Implications of Notices under Sections 51 and 53(1) of MRTP Act.

Public Interest Litigation challenging the legality of approvals and commencement certificates for a 56-storied residential building and public parking lot.

Petitioners seek a writ of mandamus for demolition of additional floors and to question the legality of structures.

The petitioners allege that the structures are erected in violation of planning norms and that the Municipal Commissioner's grant of concessions was excessive and bad in law.

Previous proceedings include notices under MMC Act and MRTP Act, which were challenged by respondent no.5 in Civil Suit No. 2492 of 2011 before the City Civil Court, Mumbai. The City Civil Court granted an ad interim order on 24 December 2011. Several other petitions had challenged the circular dated 22 June 2011, and this Court had directed the Corporation to ignore the circular for those petitioners. The present PIL was filed thereafter.

Whether the approvals and commencement certificates for the residential building and public parking lot were granted in accordance with law. Whether the concessions granted by the Municipal Commissioner to respondent no.5 were excessive and violated planning norms. Whether the circular dated 22 June 2011 restricting public parking lots to four floors is valid and applicable to respondent no.5. Whether the notices under Sections 51 and 53(1) of the MRTP Act were valid. Whether the construction carried out beyond the commencement certificate was illegal.

Petitioners contended that the structures were erected in violation of planning norms and the Commissioner's discretionary concessions were excessive and bad in law. Respondent no.5 argued that they had complied with all conditions, had made substantial investments, and that the circular could not override DCR 33(24). They also contended that Section 51 MRTP Act was not applicable and that they were entitled to deemed commencement certificate.

This Petition, purportedly filed for public interest, seeks to question the legality of a 56 storied residential building known as ‘Palais Royale’ and a public parking lot adjacent to it To allow additional F.S.I. Of Public Parking Lot as per D.C. Regn. 33(24) of D.C.Regn.1991 The work of construction of PPL from 1st to 6th floor (entire) and 7th to 9th floor (part) which was beyond commencement certificate dated 1 October 2010 was illegal being without permission

On 24 January 2005, architect of Respondent no.5 submitted building proposal. Commencement certificate granted on 24 February 2005. Plans were amended over time, eventually proposing a residential building. On 30 December 2006, Chief Fire Officer granted NOC. On 6 August 2010, Letter of Intent issued for PPL. On 20 August 2010, IOD issued. On 1 October 2010, commencement certificate up to plinth issued. On 30 October 2010, Concession Report approved by Commissioner. On 7 May 2011, Respondent no.5 applied for further commencement certificate. On 16 July 2011, notice under Section 354(A) MMC Act issued, later withdrawn. On 22 June 2011, circular restricting PPL height issued. On 29 November 2011, notice under Section 51 MRTP Act issued. On 14 December 2011, Respondent no.5 replied. On 19 December 2011, notice under Section 53(1) MRTP Act issued. Respondent no.5 filed Civil Suit No. 2492 of 2011 and obtained ad interim order on 24 December 2011. The present PIL was filed in 2012 and came up for final hearing on 13 May 2013.

• Development Control Regulations for Greater Mumbai, 1991: Regulation 33(24), 33(4), 35(2)(c), 35(2)(m)
• Mumbai Municipal Corporation Act, 1888: Section 354(A)
• Maharashtra Regional and Town Planning Act, 1966: Sections 51, 53(1)