The Bombay High Court is likely to decide on Thursday the fate of an 18 storeyed building, which is currently under construction in Breach Candy area in south Mumbai.
A Public Interest Litigation (PIL) is filed by the Breach Candy Residents Association alleging that the building, seven storeys of which are for car parking and one floor for departmental store, is illegal as it violates Coastal Regulation Zone (CRZ) Rules and Development Control Rules (DCR).
The building, being constructed on an area of 1,056 sq mts, will have two wings with one devoted to a mechanized car park and the second will be a commercial building with a departmental store on the ground floor.
The PIL alleges that the plot was admitted to have been reserved for car parking, public sanitary services and a public welfare centre. Besides, DCR specifies that if the investment of a plot is more than five crores then the builder has to take the permission from the concerned authorities including a clearance from the Ministry for Environment and Forest (MoEF).
However, the developers—Akruti builders—has not taken clearance from MoEF despite their investments being more than five crores. Infact, after filing of the PIL in May this year, the builders applied to the MoEF and also speeded up the construction, argued K Cambatta, advocate for petitioners. Also, the departmental store is bound to create traffic jam on an already congested road.
Countering the allegations, builder's counsel Janak Dwarkadas claimed that after the building is constructed there would be space for 288 cars instead of the original 36. The counsel claimed that out of the 288 car parks, 250 will be under the MMRDA for the general public and the remaining would be used for customers of the departmental store.