Bombay High Court seeks details of buildings constructed after 2010 in violation of General Development Control Rules

The Bombay High Court has recently ordered the City and Industrial Development Corporation (CIDCO), the planning authority in the city, to furnish details of buildings which it has allowed to be constructed since 2010, in violation to the General Development Control Rules (GDCRs) framed way back in 1975 [Sanjaykumar Damodar Surve v State of Maharashtra]..A division bench of Chief Justice Dipankar Datta and Justice Makarand Karnik pulled up CIDCO as it opined that prima facie, CIDCO, since 2010, seem to have implemented some amendments it had proposed to the GDCR, even though the same have been pending approval from the State government since 2006."The matter is indeed serious. Statutory regulations are sought to be given a go-bye. CIDCO being a government company and being bound by the provisions of the Maharashtra Regional and Town Planning Act (MRTP Act) and the regulations framed thereunder, prima facie, could not have framed the said 2006 Rules on its own and act thereupon without the modifications that it had proposed from time to time having been accorded approval by the State government," the order stated..The Court was considering a public interest litigation (PIL) petition alleging that the CIDCO has permitted developers to construct buildings in violation of not only the GDCRs but also the National Building Code.It was contended in the PIL that the planning authority has been allowing developers to construct cupboard, flower bed and pocket terrace free of the Floor Space Index (FSI) - a decision which doesn't conform with the Development Control Rules (DCR) and also the MRTP Act. .After examining the affidavit filed by the CIDCO in the PIL in October 2017, the judges noted that the authority had not responded sufficiently and sought a fresh response with details of buildings that have been allowed by CIDCO."Before we proceed to examine the concern expressed in this PIL petition in further depth, we require an affidavit from the Managing Director of the CIDCO, within a period of 8 (eight) weeks from date, averring that since 2010, i.e., when the said Rules were framed, not a single building permission has been granted in deviation of the GDCRs as well as without adhering to the said Rules. He will be free to make due inquiry for such purpose," the order passed on August 18 stated.If the Managing Director, upon making due inquiry, finds building permissions to have been granted contravening the provisions of the GDCRs, an exercise shall be undertaken to identify all such buildings which have been constructed illegally and the entire list shall be furnished along with the affidavit, the Court added.The bench clearly stated that it would decide the further course of action in the matter based upon the affidavit to be filed by the CIDCO Managing Director.The matter will be next heard on October 13..Advocates H Toor, Gautam Jain and Manoj J Bhatt appeared for the Petitioner.Government Pleader Priyabhushan Kakade and his deputy SM Samant represented the State..[Read Order]