MAHA Government Appeals To The High Court For Granting Extra FSI In Navi Mumbai

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On Monday June 5, the state government of Maharashtra urged the Bombay High Court to annul its law detaining the government from increasing floor space index (FSI) for economic clustering of Navi Mumbai. Previously, in July-August 2014 the HC had ordered the state government to procure an impact assessment report before approving an increased FSI of 4 for cluster development in cities, over and above the regular FSI of 1. The state government was inhibited from issuing any final notification or proceeding towards any conclusive decision. The judges asked the government’s advocate to circulate the impact assessment report to all parties, as well as the petitioner, and scheduled the hearing on Friday.

This judgment has been made after hearing a PIL by Thane resident Dattatray Daund that said in view of the drastic affect of FSI of 4, an impact assessment is much required. Government had proposed to give consent to cluster development in Mumbai, Thane, Kalyan, Nalasopara, Mira-Bhayander, Vasai-Virar, Ulhasnagar, Bhiwandi-Nizampur, Ambarnath, Kulgaon-Badlapur, Palghar, Jawahar and Dahanu. All these respective local civic bodies were made appellants in the PIL.
In the application of the state government there is an urge to the court of ‘vacating/recalling’ its previous judgment and allowing the notification of increasing in FSI for Navi Mumbai. Already the city Municipal Corporation and City and Industrial Development Corporation has performed a detailed impact assessment study based on multiple aspects like- demographic changes and its potential outcome on infrastructure and amenities among others which affirmed that the increment of FSI won’t have any poor effect on city’s overall growth.

From the application we also get that both planning authorities are analytically on the rise of infrastructure and amenities bearing in mind the needs of the society and taking all protective measures required for the scheme of given that additional FSI. As per the report, there are many residents of shaky buildings who can’t afford the reconstruction. Thus, implementation of cluster development in collaboration with the private sector is a need of the moment.

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