No HC relief for Palais Royale builders
MUMBAI: The Bombay high court has refused to grant any interim relief to developers of the city's tallest building Palais Royale in Worli. A division bench of Justice S C Dharmadhikari and Justice Gautam Patel admitted a petition filed by Shree Ram Urban Infrastructure Limited,
challenging the order of the municipal commissioner to reduce the
building's refuge area as well as restrict the size of the public
parking lot.
"Whether the commissioner's order is in consonance with the view of the division bench of this court, which itself is under challenge before the Supreme Court of India, is a matter which would require consideration and interim relief granted without considering the issues raised would amount to allowing the writ petition itself. That is impermissible in law. Hence, interim relief is refused," said the judges, scheduling the matter for final hearing on November 25.
Earlier this year, the HC had refused to order demolition of the building, but asked the commissioner to consider the refuge area granted to the building, which it termed as excessive. The commissioner had directed the developer to reduce the building's refuge area FSI from the current 70% of the total construction to just 4%. This would have meant demolition of the upper floors of the building.
"Whether the commissioner's order is in consonance with the view of the division bench of this court, which itself is under challenge before the Supreme Court of India, is a matter which would require consideration and interim relief granted without considering the issues raised would amount to allowing the writ petition itself. That is impermissible in law. Hence, interim relief is refused," said the judges, scheduling the matter for final hearing on November 25.
Earlier this year, the HC had refused to order demolition of the building, but asked the commissioner to consider the refuge area granted to the building, which it termed as excessive. The commissioner had directed the developer to reduce the building's refuge area FSI from the current 70% of the total construction to just 4%. This would have meant demolition of the upper floors of the building.
