Supri Advert.& Entertainment Pvt.Ltd. VS. Anahita Pandole & Ors.

Extract

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Supri Advert.& Entertainment Pvt.Ltd. VS. Anahita Pandole & Ors.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVI APPELLATE JURISDICTION

CIVIL APPEAL NO. 2970 OF 2006 Jayant Achyut Sathe Versus Joseph Bain D' Souza and Ors.

WITH Civil Appeal No. 2971 of 2006 Civil Appeal No. 2972 of 2006 Civil Appeal No. 2973 of 2006 Civil Appeal No. 2974 of 2006 Civil Appeal No. 2975 of 2006 Civil Appeal No. 2978 of 2006 Civil Appeal No. 2979 of 2006 Civil Appeal No. 2976 of 2006 Civil Appeal No. 2977 of 2006 Civil Appeal No. 5491 of 2008@ SLP (C)6712/2007 Civil Appeal No. 5492 of 2008@ SLP (C)6713/2007 Civil Appeal No.5493 of 2008@ SLP (C)6715/2007 Civil Appeal No.5494 of 2008@ SLP (C)6714/2007 Civil Appeal No. 5495 of 2008@ SLP (C)6716/2007 Civil Appeal No. 5490 of 2008@ SLP (C)14289/2007 Civil Appeal No. 5496 of 2008@ SLP (C)22326 /2008(CC.2987/08) Cont.Pet. (C) No.44/2008 in C.A. No.2970/2006)

JUDGMENT Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of the Bombay High Court which while holding that Regulation 33 (7) of the Development Control Regulations, 1991 (in short the

`Regulations') for the city of Mumbai as amended in the year 1999 does not suffer from any illegality, further observed that the same applies only to dilapidated buildings of `A' category which satisfy the requirement and those declared prior to the monsoon of 1997 under 3rd proviso are covered under Regulation 33(7) and are entitled to extra "Floor Space Index"

(in short `FSI'). It also directed that certain site space has also to be provided.

3. The conclusions essentially are as follows: "For the reasons stated above, we hold that the petition is very much maintainable and we read the provisions of the first part of D.C. Regulation 33 (7) to cover only the privately owned dilapidated buildings which require reconstruction and where the cost of structural repairs exceeds the monetary requirement specified under Section 88(3) of the MHAD Act (vis. Rs.1200/- per sq.meter as of now).

In the circumstances, prayer (b) of the petition deserves to be accepted though not prayer (a) and D.C. Regulation 33(7) will have to be read to mean that only the dilapidated buildings of "A" category which satisfy this requirement (and those declared unsafe prior to the monsoon of 1997 under 3rd proviso thereof) are covered under D.C. Regulation 33(7) and entitled to extra FSI provided therein.

As far as the challenge to the side spaces being reduced to half as against what is otherwise pro...

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