The Bombay High Court on Wednesday quashed and set aside an order of the Brihanmumbai Municipal Corporation (BMC) restricting free four per cent of refuge area, which is floor space index (FSI), to the plush 56-storey Palais Royale building.
According to the National Building Code and the civic body’s policies, a building’s refuge area should be four per cent of its total area, which is over and above this in the case of the swanky Worli high rise.
The building is mired in controversy after a public interest litigation was filed by NGO Janhit Manch alleging the developer had violated FSI norms by constructing 13 floors and had built a public parking lot without permission.
A division bench of Justices Abhay Oka and CV Bhadang said the BMC Commissioner will have to decide on a reasonable refuge area in four months. The builder can then apply for regularisation of both wings within four months, the court said. The court also said the builder will have to seek regularisation by applying for a fresh commencement certificate.
In September 2013, the BMC had asked the builder to rework its plan to include the area that was exempted from the FSI. However, the court said the municipal commissioner was not justified in restricting the refuge area. The court said the refuge area should be granted taking into consideration factors like total area of the floor, the nature of the structure and the number of persons on each floor.
After the PIL, the BMC had also issued stop work notice to the developer and said the construction of the public parking lot was illegal. The builder had built an additional 13 floors. After moving the sessions court challenging the notice, the developer got ‘deemed permission’ to construct the public parking lot and the additional floors.
The HC bench said the BMC commissioner has to be satisfied with the increase in FSI in the modified plans. The court also said if floors above 43 are held illegal, appropriate action will have to be initiated by the BMC for demolition after four months.
