Case Note & Summary
The petitioner, Nitesh Mohanlal Doshi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the permission granted by the Municipal Corporation of Greater Mumbai (MCGM) to respondent no. 4, India Bulls Properties Private Limited, to load Transferable Development Rights (TDR) to the tune of 11612.78 sq. mtrs along with fungible FSI of 4078.40 sq. mtrs on a plot known as Agency Compound, Jupiter Mill lane. The petitioner also sought a direction to count the FSI of excess parking on various parking floors for computation of FSI. The court examined the maintainability of the PIL and found that the petitioner had not disclosed his bonafides and the petition appeared to be motivated by personal interest rather than public interest. On merits, the court held that the MCGM's permission was in accordance with the Development Control Regulations (DCR) and no illegality was pointed out. Regarding parking FSI, the court noted that as per DCR, parking area is not to be counted as FSI. The court dismissed the PIL with costs of Rs. 25,000 to be paid to the MCGM.
Headnote
A) Public Interest Litigation - Maintainability - PIL challenging MCGM's permission for TDR loading and fungible FSI - Court held that the petition does not raise any issue of public interest and is motivated by personal interest, hence not maintainable (Paras 1-10). B) Town Planning - TDR and Fungible FSI - Validity of permission - Court held that the MCGM's permission to load TDR and fungible FSI was in accordance with DCR and no illegality was shown (Paras 11-20). C) Town Planning - Computation of FSI - Excess parking area - Court held that parking area is not to be counted as FSI as per DCR, and the petitioner's contention was without merit (Paras 21-30).
Issue of Consideration
Whether the permission granted by MCGM to load TDR and fungible FSI on the subject plot is illegal and whether excess parking area should be counted as FSI.
Final Decision
The court dismissed the PIL with costs of Rs. 25,000 to be paid to the MCGM.
Law Points
- Public Interest Litigation
- Maintainability
- TDR (Transferable Development Rights)
- Fungible FSI
- Computation of FSI
- Parking FSI
- Mumbai Municipal Corporation Act
- 1888
- Development Control Regulations
- Article 226
