Observing that the public parking space coming up, along with a 56-storey building in central Mumbai was not illegal, the Bombay high court on Monday asked the municipal commissioner to reconsider grant of floor space index (FSI) and other issues pertaining to the building.
A division bench of Chief Justice Mohit Shah and Justice N.M. Jamdar was hearing a PIL filed by city-based NGO Janhit Manch alleging illegalities in sanctions given for the construction of Palais Royale building and the adjacent public parking lot in Worli. The 56-storey residential building, supposed to be the tallest building in Mumbai, is being constructed by Shree Ram Urban Infrastructure Ltd (SRBIL). The court, however, held that there was no illegality in the permissions granted to the public parking lot.
“The public parking lot cannot be held illegal as contended by the petitioner and the respondent no. 5 (SRBIL) cannot be deprived from claiming incentive FSI accrued therefrom for the residential building,” the bench said. It, however, held that the BMC will have to reconsider and rework the entire issue of FSI to be granted to SRBIL. “We cannot sit with a magnifying glass and scrutinise every inch of the planning permission granted. In the circumstances, instead of us adjudicating the issue regarding the exact calculation of FSI and the area, an exercise which entails specialised knowledge of planning requirements, it will be appropriate if the commissioner is directed to reconsider the issue,” the court said. The bench held that the FSI granted with respect to the refuge area was excessive. “We direct the commissioner to re-examine the said issue and rework the FSI accordingly,” the court said. “As far as the issue of passages, entrance, swimming pool, area over deck and refuge area at the entrance level is concerned, since the corporation has accepted that the FSI under these heads were erroneously granted, the said aspect will be reconsidered by the commissioner,” the court said.