2025:BHC-AS:16188-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 13 OF 2022 Sandeep Thakur, aged 70 years ) Indian inhabitant residing at F8/RH6 ) Sector 6, Vashi, Navi Mumbai, 400703 ) Addhar Card No.8653 4401 3905 ) Email:-thakur.vashi@gmail.com )

Mobile No.9820217381 ) … Petitioner Versus

1. The State of Maharashtra )

Through it’s Urban Development ) Department, Through the Government ) Pleader High Court Bombay )

2. The City and Industrial Development )

Corporation of Maharashtra Limited ) having it’s office at CIDCO Bhavan ) C.B.D. Belapur, Navi Mumbai, 400 614. )

3. Chief Controller of Unauthorized )

Constructions of CIDCO Limited ) having his office at Raigad Bhavan ) CBD Belapur, Navi Mumbai 400614 )

4. The Chief Architect & Planner of )

CIDCO Ltd. having his office at ) CIDCO Bhavan, C.B.D. Belapur ) Navi Mumbai, 400 614 )

5. Nav Panvel Coop. Housing )

Society Limited through it’s Chairman ) Secretary having it’s Office at Plot ) No.2, Sector 7, Kharghar )

Navi Mumbai, 410210 ) .… Respondents ****

Mr Sandeep Thakur, petitioner-in-person.

Mr Ashutosh M. Kulkarni, for Respondent Nos.2 to 4.

Ms Neha S. Bhide, Government Pleader a/w Mr O. A. Chandurkar, Additional Government Pleader, Ms G. R. Raghuwanshi, AGP, for Respondent No.1.

****

CORAM : ALOK ARADHE, CJ &

M. S. KARNIK, J.

RESERVED ON : 27th MARCH, 2025 PRONOUNCED ON : 8th APRIL, 2025 JUDGMENT (PER M. S. KARNIK, J.) :-

1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India the petitioner by this PIL petition has sought for quashing and setting aside the order dated 4^th March 2020 passed by City and Industrial Development Corporation of Maharashtra Limited (“CIDCO” for short), Commencement Certificates dated 24^th August 2015, 20^th April 2017 and Occupancy Certificate dated 6^th October 2017 issued by CIDCO. The petitioner inter alia seeks directions against CIDCO thereby restraining it from issuing any development permission to any building of height more than 15 mtrs., unless the provision of two staircases is made therein. The petitioner further seeks direction against CIDCO not to grant any additional FSI or change of land use to any building of height more than 15 mtrs. constructed without providing two staircases.

2. The facts in a nutshell are as under :-

On 2^nd December 2005 an agreement to lease was executed by CIDCO in favour of Respondent No.5 with respect to Nav Panvel Co- operative Housing Society situated at Plot No.2, Sector 7, Kharghar, Navi Mumbai (“the said property” for short) for an area admeasuring about 4249.42 sq.mtrs. with FSI 1.0. Respondent No.5 applied to CIDCO on 26^th December 2005 for development permission. CIDCO granted development permission (Commencement Certificate) on 23^rd February 2006 for residential building consisting of Ground + 14 floors with total built up area of 4246.495 sq.mtrs. for 68 residential units with a single staircase. Respondent No.5 applied for revised development permission on 8^th August 2007 and same was granted by CIDCO for residential building (G + 14 floors) and for built up area 4246.495 sq.mtrs. with 79 residential units. On 7^th January 2008 Respondent No.5 applied to CIDCO for grant of additional FSI from 1.00 to 1.50. Respondent No.5 again made application to CIDCO on 24^th October 2009 for grant of additional FSI from 1.00 to 1.50. CIDCO issued Part Occupancy Certificate on 4^th August 2010 for residential building (G +

13 floors) for built up area 4057.342 sq.mtrs. with 75 residential units.

3. It is the case of the petitioner-in-person that in January 2010 building with 16 floors was constructed by Respondent No.5 without any permission whatsoever for 15^th and 16^th floor.

4. On 28^th October 2010 Respondent No.5 again made request to CIDCO for grant of additional FSI from 1.00 to 1.50. On 4^th May 2010 the Directorate of Fire Services Maharashtra issued a circular to ensure that two staircases are provided in buildings of 15 mtrs. height or