NDLI: Shree Ram Urban Infrastructure Ltd. & Anr. Vs. State of Maharashtra & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Urban Development Town Planning Permission to construct residential building to appellant-company
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Regional and Town Planning Act, 1966 (37 of 1966)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Urban Development: Town Planning – Permission to construct residential building to appellant-company – Commencement Certificate granted under the provisions of Maharashtra Regional and Town Planning Act, 1966 read with Development Control Regulations for Greater Bombay, 1991 (DCR) – Thereafter incorporation of clause 24 to Regulation 33 of 1991 Regulations providing for permission to develop multi-storeyed Private Parking Lots (PPL) – On handingover of the PPL to the Corporation, incentive FSI was to be allowed on the land belonging to the private owners – Appellant-Company’s application for construction of PPL approved upto 15 floors – Incentive FSI of the PPL was to be used by the appellant -company in the main residential building – Though commencement certificate for PPL was given only for upto plinth level, the appellant-company constructed all 15 floors – Appellant-company completed the construction of main residential building upto 56 floors, though commencement certificate for that was only upto 43rd floor – Thereafter the Corporation issued a Circular on 22.6.2011 restricting the PPL to two basements, ground and four upper floors – Notice u/s. 51 and s.354A of 1966 Act seeking revocation of commencement certificate and for stopping the work of PPL beyond plinth level – Suit by the appellant-Company – Civil Court decreed the suit declaring the stop-work notice as illegal on the ground that construction of PPL above the plinth level was under deemed permission in terms of Regulation 6(4) of DCR – In appeal, High Court set aside the decree holding that construction of PPL above plinth level and construction of residential building above 43rd floor was illegal since they were constructed without obtaining commencement certificate (s) and the Court directed the appellant to apply for regularisation of these construction – PIL was filed before High Court challenging construction of residential building and construction of PPL above plinth level – The High Court in the PIL held that construction of PPL was not illegal and that since the FSI granted in respect of refuge area was excessive, Commissioner was directed to re-examine the issue – On direction of High Court in PIL, Commissioner passed order dated 12.09.2013 – The order dated 12.09.2013 was challenged by the appellant before High Court and also sought direction to the Commissioner to take over possession of PPL and to endorse the commencement certificate for residential building upto 56 floors –The Commissioner passed order dated 31.08.2016 deciding the refuge area – Subsequently Notice u/s. 51 of 1966 Act was withdrawn by the Corporation – Another PIL was filed challenging the order dated 10.11.2016 whereby the Corporation had held that since the construction of PPL had proceeded substantially on the date of notice u/s. 51, the Planning Authority cannot revoked or modify the permission – The PILs have been transferred to Supreme Court – Held: The construction of the main building as well as the PPL were as per the sanctioned plan – The construction of PPL beyond plinth level was under deemed permission under Regulation 6(4) of 1991 Regulations – The refuge area as determined by the Commissioner by order dated 31.08.2016 does not call for interference – Corporation is directed to take over possession of PPL and to proceed to decide about the 13 floors (44th to 56th floors) of the residential building – Maharashtra Regional and Town Planning Act, 1966 – ss. 48 and 51 – Development Control Regulations for Greater Bombay, 1991 – Regn. 6(4), 5(6) and 33 (24)
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 1188
Petitioner	Shree Ram Urban Infrastructure Ltd. & Anr.
Respondent	State Of Maharashtra & Ors.
SCR	[2019] 16 S.C.R. 993
Judgement Date	2019-10-24
Case Number	8265

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