Mumbai: Extra FSI will burden civic infra, HC tells Thane civic body
The Maharashtra government had decided in 2008 to grant an incentive floor space index (FSI) of up to 4 for rental housing projects to increase the stock of rental homes in MMR.mumbai Updated: Jun 11, 2015 22:45 IST
The Bombay high court on Thursday told the Thane Municipal Corporation not to act on a state government decision to grant extra floor space index for rental housing projects in the Mumbai Metropolitan Region, saying the decision could take a toll on the already weak civic infrastructure of water supply and roads.
The Maharashtra government had decided in 2008 to grant an incentive floor space index (FSI) of up to 4 for rental housing projects to increase the stock of rental homes in MMR.
While issuing the restraining order, the division bench of justice Abhay Oka and justice Revati Mohite-Dere expressed doubts about the validity of the state government’s policy decision.
“The decision to grant extra FSI would be bad in law, if these germane and material aspects are not taken into consideration,” the court said. It asked the government to file an affidavit about whether it had done an impact assessment exercise before deciding to grant the FSI up to 4 for rental housing projects in the Thane, Kalyan-Dombivli, Mira-Bhayander and Vasai-Virar municipal corporations and in the Ambernath and Badlapur councils.
The court was hearing a petition filed by Mukesh Mokashi, a councillor from Thane, who challenged the civic body’s decision to grant the extra FSI.
The court found substance in his contention, that granting extra FSI would put further pressure on the weak civic infrastructure at a time when the TMC is already finding it difficult to provide adequate water supply to the existing population. The judges said granting additional FSI will result in increasing population density.
The court restrained TMC from acting on the state’s decision primarily as it appeared that the civic body has not yet amended the development control regulation for Thane , and the decision could not have been implemented without first amending the DCR.