Case Note & Summary
The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton textile mill. The land, measuring 39,276 sq mts, was located in a CRZ-II Zone. The petitioners sought to redevelop the property and applied for additional Floor Space Index (FSI) and Transferable Development Rights (TDR) under the Development Control Regulations, 1991. The Monitoring Committee, constituted under Regulation 58(9) of the DC Regulations, issued an order restricting development to the existing FSI and denying TDR. The petitioners challenged this order by way of a writ petition. The court examined the jurisdiction of the Monitoring Committee and the applicability of the DC Regulations to textile mill lands in CRZ zones. The court held that the Monitoring Committee had the authority to regulate redevelopment and that the petitioners were not entitled to additional FSI or TDR. The petition was dismissed, and the order of the Monitoring Committee was upheld.
Headnote
A) Development Control Regulations - Regulation 58 - Monitoring Committee - Jurisdiction - The Monitoring Committee under Regulation 58(9) of DC Regulations 1991 has jurisdiction to regulate redevelopment of textile mill lands in CRZ-II Zone - The committee's order restricting development to existing FSI and denying TDR was upheld - Held that the committee acted within its powers and the petitioners' challenge failed (Paras 1-33).
Issue of Consideration
Whether the Monitoring Committee constituted under Regulation 58(9) of the DC Regulations 1991 has the authority to regulate redevelopment of a textile mill land in CRZ-II Zone, and whether the petitioners are entitled to additional FSI or TDR as per the DC Regulations.
Final Decision
The petition was dismissed. The order of the Monitoring Committee was upheld. No order as to costs.
Law Points
- Development Control Regulations
- 1991
- Regulation 58
- CRZ Notification 1991
- CRZ-II Zone
- Textile Mill Land
- Monitoring Committee
- Redevelopment
- FSI
- TDR
- Floor Space Index
- Transferable Development Rights
Case Details
2013 LawText (BOM) (10) 145
Writ Petition No. 1244 of 2012
S.C. Dharmadhikari, G.S. Patel
Mr. Aspi Chinoy, Mr. V.R. Dhond, Mr. Darshan Mehta, Mr. E. P. Bharucha, Ms. Trupti Puranik, Ms. Geeta Shastri, Mr. I. A. Saiyed
M/s TCI Industries Ltd & Mr. Sunil Kamlakar Warekar
The State of Maharashtra, The Monitoring Committee, Municipal Corporation of Greater Mumbai, Girni Kamgar Karmachari Nivara and Kalyankari Sangh
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Nature of Litigation
Writ petition challenging an order of the Monitoring Committee constituted under Regulation 58(9) of the DC Regulations 1991.
Remedy Sought
The petitioners sought to quash the Monitoring Committee's order and to allow redevelopment with additional FSI and TDR.
Filing Reason
The Monitoring Committee restricted development to existing FSI and denied TDR, which the petitioners claimed was contrary to the DC Regulations.
Issues
Whether the Monitoring Committee has jurisdiction to regulate redevelopment of textile mill lands in CRZ-II Zone.
Whether the petitioners are entitled to additional FSI or TDR under the DC Regulations.
Submissions/Arguments
The petitioners argued that the Monitoring Committee exceeded its jurisdiction and that the DC Regulations allow additional FSI and TDR for redevelopment of textile mill lands.
The respondents contended that the Monitoring Committee acted within its powers and that the CRZ-II zoning restricts development.
Ratio Decidendi
The Monitoring Committee under Regulation 58(9) of the DC Regulations 1991 has the authority to regulate redevelopment of textile mill lands in CRZ-II Zone, and the petitioners are not entitled to additional FSI or TDR as the committee's order was within its jurisdiction and consistent with the regulations.
Judgment Excerpts
By this Court’s order of 20th August 2013, parties were put to notice that the Petition would be heard finally at the stage of admission.
This land, City Survey Nos. 18/69, 19/69 and 128 of the Colaba Division, belongs to the 1st Petitioner (“TCI”). It covers 39,276 sq mts, just under 10 acres.
Procedural History
The petition was filed in 2012. On 20th August 2013, the court put parties to notice that the petition would be heard finally at admission stage. Rule was issued, and by consent, the rule was made returnable forthwith and taken up for final hearing. Judgment was reserved on 21st September 2013 and pronounced on 21st October 2013.
Acts & Sections
- Development Control Regulations, 1991: Regulation 58, Regulation 58(9)
- Coastal Regulation Zone Notification, 1991: CRZ-II Zone
