| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Urban Development Open Space Sanction |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Urban Development:Sanction for construction of high-rise building going upto 198. 50 meters - Provision for Public Parking Lot up to 13 floors - During the construction work, decision of Government to limit the height of Public Parking Lot to ground plus 4 upper floors - Competent authority directing the builder to restrict the work of Public Parking upto ground plus 4 floors instead of 13 floors - By further order, the authority allowed Public Parking to the extent of already executed construction -:-- High Court quashed the orders passed by the authorities as being contrary to law - On appeal, settlement arrived at between the parties - The Court also noticed certain violations while granting initial sanction in respect of the building in question E - Memorandum of Settlement taken on record and parties directed to act strictly in accordance thereof - As regards other violations it held: Minimum recreational space as laid down under Development Control Regulation (OCR) 23, cannot be reduced on the basis of OCR 38(34) - The second proviso to OCR 43(1)(A) regarding fire protection requirements, is discriminating as against occupants of the plots upto the size of 600 sq. mtrs. and hence violative of Art. 14 of the Constitution - The provision is also violative of Article 21 as it is likely to lead to hazardous situation - Suggestions given regarding height of buildings vis-a-vis the adjoining roads and impact of additional FSI on the traffic situation - State Government, Development Plan Drafting Committee, and appellant-Municipal Corporation directed to consider the suggestions while framing the Development Plan for Greater · Mumbai - 'Technical Committee for High-Rise Buildings' B reconstituted - Development Control Regulations for Greater Mumbai, 1991 - Maharashtra Regional and Town Planning Act, 1966 - Constitution of India, 1950 - Articles 14 and 21. Words and Phrases:'Open space' and 'Site' - Meaning of, in the context of urban development. |
| Judge | Hon'ble Mr. Justice H.L. Gokhale |
| Neutral Citation | 2013 INSC 840 |
| Petitioner | Municipal Corporation Of Greater Mumbai And Ors. |
| Respondent | Kohinoor Ctnl Infrastructure Company Private Limited And Another |
| SCR | [2013] 16 S.C.R. 1119 |
| Judgement Date | 2013-12-17 |
| Case Number | 11150 |
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|---|---|---|---|
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