LAWS(BOM)-2021-12-237

HALL AND ANDERSON LIMITED Vs. STATE OF MAHARASHTRA

Decided On December 30, 2021
Hall And Anderson Limited Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Order disposes of Interim Application No. 3445 of 2021, filed by the Petitioner.

(2.) The Petitioner is the owner of a plot of land situated at Lower Parel, Mumbai, on which it is constructing Tower C of a building known as Lotus Enpar Residency ( said Building ).

(3.) On 4/8/2020, the Petitioner made a representation to Respondent No. 2 (with a copy marked to the Municipal Commissioner) under Regulation 4(3) of the DCPR 2034, seeking a clarification as to the interpretation of Regulation 48(5)(A) (e) of the DCPR 2034, that the proposed second staircase to be constructed by the Petitioner in the said Building (Tower C) ought to be free of FSI without charging premium, being the additional staircase as per Regulation No. 48(5)(A)(e) of the DCPR 2034.