24-OSWPL2537-19.DOC

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION (L) NO. 2537 OF 2019

Nuvoco Vistas Corporation Ltd & Anr

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

Mr Ashish Kamat, with Mr

Ameya Gokhale & Ms Kriti Kalyani, i/b

Shardul

Amarchand Mangaldas & Co, for the Petitioners.

Mr Hemant Haryan, AGP, for the Respondent-State.

Mr Akshay Shinde, for Respondent No. 2.

Ms Rupali Adhate, for Respondent-MCGM.

CORAM: S. C. Dharmadhikari &

G. S. Patel, JJ.

DATED: 9th September 2019

PC:-

1.

The petitioner says that it has received a notice to forthwith

close down a ready-mix concrete plant.

2.

The challenge in this writ petition is to an action of the

Mumbai Metropolitan Regional Development Authority

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(‘MMRDA’), a Special Planning Authority within the meaning of

the Maharashtra Regional & Town Planning Act, 1966.

3.

The MMRDA has issued a notice, a copy of which is at

Exhibit A, and a further notice at Exhibit B dated 9th August 2019.

Both notices indicate, according to the petitioner, that the petitioner

must discontinue the operation and functioning of this plant. Exhibit

A and Exhibit B read as under:

EXIHIBIT “A”

“No. TCP(P02)/ODC/CC/3.

1.

19/II/700/2019

Date: 1 July 2019

To,

1.

Ar. Rohan Sirpotdar, M/s. RHS Architects,

B-101, Manek Kunj (Meghwadi), Dr S.S. Rao road,

Lalbaug, Mumbai 400 012.

2.

M/s. Nuvoco Vistas Corp. Ltd.

Equinox Business Park,

Tower 3, East Wing, 4^th Floor,

Of. B.K.

C. LBS Road, Kurla (W),

Mumbai 400 070.

Sub.

:Proposed Ready Mix Concrete (RMC) plant on

land bearing CTS No. 276 and 279 of Village

Bandivali and CTS No. 468 of Village Oshiwara at

ODC, Mumbai.

Ref.:1.

MMRDA’

s letter No. TCP(P-2)/ODC/

CC/3/3.

1.

19/II/598/2019 dated 10-06-2019

2.

Your letter dated 19-06-2019.

Pleaser refer your above cited letter by which you

have requested MMRDA to grant approval to the RMC

plant on the subject land till validity of MPCB’ consent

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and MCGM’

s permission issued u/s 390 i.

e. 31-03-

2020. In this regard, you are informed as follows:

The subject land falls in Commercial Transformation

Zone as per the sanctioned Planning Proposals of

Oshiwara District Centre (ODC). As per Reg. No 4.2 of

sanctioned Planning Proposals of ODC, uses

permitted in the various land use zones shall be as

given in Development Control Regulations for Greater

Bombay 1991 unless otherwise mentioned. The

MCGM DCR-1991 is now superseded by the

sanctioned DCPR-2034.

As per Sr. No. 74 of Table C, Sub Reg. No. 3.2, Reg. No.

34 of the MCGM DCPR 2034, RMC plant is

permissible in Industrial zone while except regulation

No. 57 (xi), it is not permissible in Residential and

Commercial Zone. As per the regulation No. 57(xi),

temporary permission to on site RMC plant for the use

at site under development can be granted.

However, as per the sanctioned Planning Proposals of

ODC, land use of the subject land is not industrial.

Also, there is no proposal of construction of any main

building/structure for which RMC plant is proposed

on the subject land.

Thus as the proposal of RMC plant on the subject

land is not in accordance with the provisions of

applicable development control regulations of ODC

and MCGM DCPR-2034, refusal communicated by

MMRDA vide its letter dated 10-06-2019 cited at (1)

above, remains unchanged.

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You are hereby also directed to stop operation of RMC

Plant on the subject land immediately, demolish the

said RMC plant and restore the land to its condition,

existing before the construction was carried out on

site within 30 days from the date of this letter, failing

which necessary action as per the provisions of

MR&TP Act, 1966 pertaining to the unauthorized

development will be initiated at MMRDA’

s end.

This letter is issued with the app