The Bombay High Court has imposed a cost of Rs 1 lakh on a petitioner challenging the redevelopment of a project at Worli, observing that it was filed for "extraneous and motivated reasons." The cost is to be paid to Tata Cancer Hospital within two weeks.
A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar imposed the cost on Tuesday while hearing a public interest litigation (PIL) filed by an NGO, Sarthi Seva Sangh.
The PIL alleged that the Brihanmumbai Municipal Corporation (BMC) had illegally granted an additional 0.73 FSI to a plot known as Shah House on Dr Annie Besant Road.
The PIL urged the court to set aside the amended plan approved by the BMC on March 26, 2021, wherein it granted additional FSI on 3,124 sq m of additional area of the plot when the actual area is 1672 sq m. It prayed that the BMC be directed to demolish the construction based on the amended plan.
Ranjit Bhosale, advocate for the Sangh, argued that granting FSI on a notional plot is totally illegal.
However, BMC counsel Milind Sathe argued that it is not a sub-divided plot but part of a larger plot of 12,424 sq m and there is no illegality in the sanctioning of the plan. He added that FSI was granted in accordance with DCPR.
The court finds the object is not correct
The court noted that from the Sangh’s Memorandum of Association, the statement – its object is to promote ecology – is not at all correct. Also, the petition has been affirmed by a person who has nothing to do with society. "Thus it is clear that the petitioners have not approached the court with clean hands," said HC.
Besides, the office bearers and members of the Sangh are staying in Bandra and Kurla while the plot in question is in Worli.
"It is well known that in a city like Mumbai, there are a large number of unauthorised and illegal constructions that are carried out without permission from the planning authorities," the HC said.
There are several projects in which FSI violations have taken place. There are several slum projects where the number of slum dwellers residing in slum areas in Mumbai is inflated to avail extra FSI in an illegal manner."
The court also highlighted that it had taken suo motu cognisance of the collapse of unauthorised buildings, resulting in loss of lives, and passed several directions.
They noted that a PIL was filed in 2017 challenging the same redevelopment project, and that it was withdrawn in 2019, noting that DCPR 2034 had taken effect.
"Therefore, there cannot be any manner of doubt and it is obvious that this PIL has been filed for extraneous reasons and not in the public interest," saif HC.
