HOTEL SAHARA STAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Centaur Hotel is situated in close proximity to the air terminals where domestic flight operations are carried on at Mumbai Airport. The hotel is located on a plot of land bearing CTS 2085 (part), and originally belonged to the Hotel Corporation of India Ltd. (HCI). Pursuant to the policy of disinvestment of the Government of India, HCI entered into an agreement on 18th April 2002 by which the Hotel was acquired by the First Petitioner as a going concern together with its property, assets and obligations. On 4th June 2003, the Petitioners made an application to the Municipal Corporation of Greater Mumbai under Section 342 of the Mumbai Municipal Corporation Act, 1888 and Section 44 of the Maharashtra Regional and Town Planning Act, 1966, for permission to carry out additions and alterations to the Hotel. The Municipal Corporation issued an Intimation of Disapproval on 15th January 2004 under Section 346. A commencement certificate was issued by the Municipal Corporation on 29th March 2004 and 6th November 2004.

(2.) On 4th November 2003 and 11th June 2004, the Petitioners applied to the Urban Development Department of the State Government for the grant of additional Floor Space Index (FSI) under Regulation 33(4) of the Development Control Regulations for Greater Mumbai, 1991. On 19th June 2004, the Department of Urban Development sought reports from the Chief Engineer (Development Plan) of the Municipal Corporation and the Deputy Director of Town Planning. On 6th August 2004, the Deputy Director informed the Urban Development Department that the plot of land was located in a Commercial Zone (C2) and was not reserved for any purpose. The Deputy Director stated that he had no objection to permission being granted for the utilization of an FSI of two, but the Municipal Corporation as the Planning Authority would, while scrutinizing the proposals, have to bear in mind other requirements including minimum prescribed distances and parking. On 29th January 2005, the Chief Engineer reported that there was no deficiency in open space and adequate car parking spaces had been provided for. Orders of the Government were consequently sought on the proposal for the grant of enhanced FSI. On 8th February 2005, the concerned Executive Engineer of the Municipal Corporation informed the architect that

(3.) The Petitioners are alleged to have carried out work in excess of the construction which was sanctioned by putting up :