MUMBAI: In an interim order passed on Friday, the vacation bench of the Bombay High Court restrained the BMC from issuing commencement certificate (CC) to applications seeking 0.33 additional Floor Space Index (FSI) till June 6. The order may slightly slow down construction activities in the city.
In a PIL challenging the state government’s order of April 10 to increase FSI in suburban Mumbai from 1 to 1.33, senior counsel Mukul Rohatgi and advocate YP Singh contended that the government had made the changes under section 37 of the Maharashtra Regional Town Planning (MRTP) Act, 1966, that pertains to minor modifications. However, section 22 of the Act states that any modification of more than 10 per cent is a major modification, they contended. They further said the government’s order cannot be implemented until there is a change in the development plan of the city.
Justices Ranjana Desai and AA Kumbhakoni approved the interim order stating that any purchase of 0.33 FSI will be subject to the final decision on the PIL. The court has also said from May 23, the BMC will notify those buying the increased FSI that they cannot create any third party interests with regard to the FSI. The court order elaborates that the civic body can process applications seeking additional FSI and also sanction development plans but cannot issue commencement certificates until June 6.
Also there will be no such embargo on the applications for increased FSI filed before May 23 but their status will be subject to the final order in the petition. The order of the court will be in effect till June 6 unless it is modified or vacated by a regular bench of the court that will hear the PIL on June 3.
Earlier this week, an intervention application was filed by Practising Engineers, Architects and Town Planner’s Association supporting the government’s decision to hike the FSI in the suburbs. Amit Maru from Tardeo and Arun Gaikwad from Kurla filed the PIL last month alleging violation of at least 10 legal provisions committed by the government while granting the increase in the FSI.
