SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR. versus STATE OF MAHARASHTRA & ORS.

SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR. versus STATE OF MAHARASHTRA & ORS.

Deemed permission for construction beyond plinth level under DCR Regulation 6(4) accrued to the appellant in view of valid notice served and absence of refusal by the authority. The construction of the PPL and main residential building was as per sanctioned plan and not illegal. The subsequent circular restricting PPL floors could not operate retrospectively or amend the Regulation. Determination of refuge area by the competent authority is not open to further challenge. Partial relief granted to appellants; High Court's order on deemed permission is set aside in part.

Parties
Appellant: Shree Ram Urban Infrastructure Ltd.; Respondent: State of Maharashtra; Petitioner in Pils: Janhit Manch
Jurisdiction
India
Judgment Date
24 October 2019
Procedural Posture
Civil Appeal and Public Interest Litigation / Supreme Court Appeal From High Court; Adjudication of Transferred Pils
Outcome
Partly allowed the appeals; dismissed the transferred petitions (PILs).
Legal Topics
Development Control Regulations, Commencement Certificate, Public Parking Lot (ppl) Construction, Incentive FSI, Deemed Permission, Regularisation of Building Construction, Refuge Area, Delegated Legislation
Urban Development Town Planning Administrative Law Development Control Regulations Commencement Certificate Public Parking Lot (ppl) Construction Incentive FSI Deemed Permission +3 more

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Parties

Shree Ram Urban Infrastructure Ltd.

Appellant

State of Maharashtra

Respondent

Janhit Manch

Petitioner in Pils

Procedural Posture

Civil Appeal and Public Interest Litigation / Supreme Court Appeal From High Court; Adjudication of Transferred Pils

Legal Issues

  1. 1 Whether construction of Public Parking Lot (PPL) beyond plinth level without explicit commencement certificate was legal under deemed permission provisions of Development Control Regulations, 1991.
  2. 2 Whether the construction of the main residential building above the 43rd floor was legal.
  3. 3 Whether subsequent Circular restricting PPL floors applied retrospectively to the appellant.

Ratio Decidendi

Deemed permission for construction beyond plinth level under DCR Regulation 6(4) accrued to the appellant in view of valid notice served and absence of refusal by the authority. The construction of the PPL and main residential building was as per sanctioned plan and not illegal. The subsequent circular restricting PPL floors could not operate retrospectively or amend the Regulation. Determination of refuge area by the competent authority is not open to further challenge. Partial relief granted to appellants; High Court's order on deemed permission is set aside in part.

Court Disposition

Partly allowed the appeals; dismissed the transferred petitions (PILs).

Orders

  • Set aside the High Court’s finding that no deemed permission accrued under Regulation 6(4) of DCR, 1991.
  • Held construction of PPL and main residential building as per sanctioned plans and not illegal.