MUMBAI: The Bombay High Court on Tuesday held that the Municipal Corporation of Greater Mumbai should not grant commencement certificate (CC) to any builder or society that gets an additional .33 FSI on making application till July 2.
The court was hearing a PIL filed by Amit Maru, a resident of Tardeo and Arun Gaikwad from Kurla alleging violation of legal provisions committed by the government while granting the increase in the FSI.
The floor space index (FSI) is an indicator of the amount of construction that is allowed on a particular plot. Higher the FSI, more the number of floors that can be added. Earlier the vacation court had stayed issuance of CC till June six but today div ision bench of Chief Justice Swatanter Kumar and Justice V M Kanade extended the stay and adjourned the hearing to July 2, the petitioner's lawyer Mr Y P Singh said.
The court had earlier held that CC could be granted in the case of applications received before May 23 but clarified that it will be subject to final order in this case.
The State Government, by way of a notification last month, raised the FSI in Mumbai suburbs from existing 1 to 1.33. It contends that this will create additional housing in suburbs.
The PIL says that creation of additional FSI will add to the congestion and lead to collapse of infrastructure in the already crowded suburbs. The stay order dated May 23 said that today onwards, MCGM can process the applications for additional FSI, and even sanction building plans, but no commencement certificate for construction shall be granted till June 3. - PTI
Tuesday, June 3, 2008
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About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com
Email: adv.kamal.kr.pandey@gmail.com
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