Observing that there was no public interest involved in a petition alleging that an under-construction building in Juhu had violated the Development Control (DC) Rules, the high court asked the residents’ association to approach the municipal corporation.
A division bench of Justice P B Majmudar and Justice Amjad Sayed asked the corporation to hear the parties concerned —Gulmohar Area Society’s Welfare Group, an association of Juhu-Vile Parle Development (JVPD) Scheme residents, and the developer — and decide on alleged violations within three months.
Vibhav Krishna, the petitioner’s lawyer, argued that the civic authorities had granted permission for 386 slots for car parking for 33 flats, but the developer had admitted that the requirement was only for 145.
Jayesh Engineer, assistant engineer with the civic building proposal department, filed an affidavit justifying the decision to grant permission for multiple car parks.
“JVPD is a low-lying area that faces waterlogging problems during monsoon. Further, there are also height restrictions imposed by the civil aviation authority. Therefore, car parking decks on habitable floors have been permitted,” the affidavit said.
The affidavit also denied any violation on part of the corporation regarding construction of balconies in excess of the sanctioned plan, construction of flowerbeds beyond the balcony, swimming pool and 0.97m-deep lily pond.