H.L.GOKHALE, J.CHELAMESWAR
Municipal Corporation of Greater Mumbai – Appellant
Versus
Kohinoor CTNL Infrastructure Company Private Limited – Respondent
Certainly. Based on the provided legal document, here are the key points summarized with references:
The development control regulations stipulate that recreational/amenity open spaces must be provided at the ground level, with minimum requirements depending on the plot size. It is not permissible to reduce these minimum recreational areas by relying on provisions that allow recreational space on podiums (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The recreational/open space mandated under regulations is mandatory and intended to be on the land at ground level. Provision for recreational space on the podium is discretionary and cannot override the mandatory ground-level requirement (!) (!) (!) (!) (!) (!) (!) .
The provisions permitting recreational space on podiums are meant to facilitate parking and other uses, but they do not justify reducing the minimum ground-level recreational space. Such reductions are not legally permissible and would adversely affect residents' right to a healthy environment and recreational space (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The right to a clean and healthy environment, including access to green spaces, is recognized as part of the constitutional guarantee of the right to life. Excessive concretization and reduction of ground-level open spaces undermine this right and are contrary to principles of sustainable development (!) (!) (!) (!) .
The regulations concerning fire safety require adequate open spaces for fire maneuverability, including sufficient width for fire engines to access buildings. The existing provisions that allow minimal open spaces, particularly in redevelopment schemes for small plots, are discriminatory and endanger life, thus invalid (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The height of buildings must be proportionate to the width of the adjoining roads, with specific restrictions for buildings over certain heights. Exemptions granted under certain redevelopment provisions are to be examined carefully, and blanket relaxations are not justified without proper assessment (!) (!) (!) (!) (!) (!) (!) .
Exemptions for higher FSI in redevelopment schemes are justified on the basis of economic viability and the need to accommodate existing occupants. However, these exemptions can lead to excessive crowding, traffic congestion, and environmental degradation, which require careful scrutiny and locality-specific assessment (!) (!) (!) (!) (!) (!) (!) (!) .
The impact of additional FSI on traffic density and city infrastructure is significant. Proper traffic management measures, mass transit development, and infrastructure contributions are necessary to mitigate adverse effects (!) (!) (!) (!) (!) (!) .
The internal fire safety requirements, including accessible escape routes, refuge floors, and fire maneuvering spaces, must be strictly enforced, especially for high-rise buildings exceeding certain heights. Relaxations that compromise these safety standards are unlawful and endanger occupants' lives (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The establishment of a specialized technical committee for high-rise buildings aims to oversee compliance with safety, structural, environmental, and urban planning standards. The committee's composition, scope, and terms of reference are to be periodically reviewed and enhanced to ensure proactive oversight (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
Any development proposals that do not comply with these regulations, especially regarding recreational space, fire safety, building height, and impact on city infrastructure, should be subject to strict enforcement and, where applicable, prospective application of new standards (!) .
The overall approach emphasizes balancing development needs with environmental sustainability, safety, and residents' quality of life, discouraging blanket relaxations and advocating for locality-wise, case-specific assessments (!) (!) (!) .
Please let me know if you need further elaboration or specific legal advice based on these key points.
Judgment :-
H.L. Gokhale J.
Leave granted.
2. This appeal is directed against the order dated 9.7.2012 passed by a Division Bench of the Bombay High Court whereby Writ Petition No.143/2012 filed by the respondents was allowed, and which quashed the stop work notice dated 22.12.2011 issued by Executive Engineer (Building Proposal) City-III, Municipal Corporation of Greater Mumbai, and order dated 27.4.2012 passed by the Additional Municipal Commissioner restricting to four floors the height of Wing ‘C’ (providing for public parking lot- ‘PPL’ for short) of the buildings being constructed on Plot No.46 of Town Planning Scheme-III, N.C.Kelkar Road, Shivaji Park, Dadar, Mumbai.
Dispute between the parties, settlement thereof and Part-I of the order dated 25.7.2013:-
3. This appeal was initially heard by a bench of G.S. Singhvi and H.L. Gokhale, JJ. Mr. Harish Salve and Mr. R.P Bhatt, both learned Senior Counsel appeared for the appellants, and Mr. F.S Nariman, learned Senior Counsel appeared for the respondent. The appellants wanted to restrict the PPL up to four floors only, but before the issuance of the restrictive circular dated 22.6.2011, in this behalf, the respondents had already con
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