A blow to India's tallest skyscraper "Palais Royale at Worli'' as 13 upper floors considered as illegal
Q: The Bombay high court called13 upper floors of the 56-storey building Palais Royale at Worli as well as a 15-storey public parking tower next to it were completely illegal.
Hi folks, It is really bad and now poor flat owners have to face the difficulties. At the same time, the parking tower and incentive FSI, the municipal commissioner has been directed to reconsider the issue of a reasonable refuge area that is to be exempted from the calculation of FSI.
Hi Miran, But the Bombay High Court further said that it saw no reason to disturb the FSI granted iinstead of the setback land.
Shree Ram Urban Infrastructure Limited had first proposed construction of the 294-metre tall residential skyscraper in 2005. The plans were finally sanctioned in 2011 and the BMC issued commencement certificate for a residential tower of 43 storeys and a public parking lot up to plinth level. The developer was to get the incentive FSI and permission to construct from 44th floor to 56th floor once they handed over the public parking lot to BMC.
Hi Vasanth, But it will be depend on BMC's decision whether any of the 13 upper floors can be saved or not on the part of incentive floor space index that is permitted. BMC has 4 months to decide on this issue. The High Court rejected the developer's claim that it had deemed permission to construct the parking tower with 900 spaces.
Hi manilal, As per the senior advocate A Y Sakhare, the corporation had only issued commencement certificate to construct till the plinth level for the parking tower and 43 floors for the residential building. Knowing fully well that it did not have a commencement certificate, the builder has shamelessly gone ahead and constructed 13 additional floors.
But developer is saying that the 13 upper floors of the residential building, from 44th to 56th, were constructed instead of additional construction rights in the form of incentive FSI for building the public parking lot.
The developer's appeal against recalculating the FSI of the building, as it had already invested over Rs 2000 crore in the project and completed construction.
@Manilal, Law is equal for everyone. Developer should think before constructing illegal building. Even court has rejected the appeal saying that ''The Investment'' is no ground to tolerate illegal constructions of such a huge magnitude, a 15-storey public parking lot and 13 additional floors in the residential building.
Yes, a division bench of justices Abhay Oka and C V Bhadang called their construction a disobedience of rules, and has left it to the municipal commissioner to decide the fortune of the structures. As per division bench, the 13 upper floors of the 56-storey building Palais Royale at Worli as well as a 15-storey public parking tower next to it were completely illegal.
Hi Khushisha, I read this news in the morning and was shocked. Think about the owners of those properties. They will have to face the difficulties. Shree Ram Urban Infrastructure Limited has been allowed to apply for fresh commencement and development permission from Brihanmumbai Municipal Corporation for the parking tower, as well to regularise the 13 floors.