NaMu civic body is town planning authority, says HC

In a major relief to Navi Mumbai residents, the Bombay High Court said the Navi Mumbai Municipal Corporation (NMMC) is the town planning authority and as per its DCR, the authority is competent to make decisions under its jurisdiction. The court also said that residents will not have to approach CIDCO.

The court's decision comes after the NMMC refused to grant a change of use of a plot meant for a restaurant, to be used for other commercial purposes.

The land owner, Abdul Jabbar Khan, wanted to use the plot meant for a restaurant to build a chicken shop as it is located in a remote area.

The civic body said Cidco had given the plot on lease, and a no-objection certificate (NoC) from the city planning organisation is required. CIDCO also refused to give a NoC, and said that as per NMMC's DCR, the change of use of the plot can only be granted by the NMMC.

As no authority took responsibility to grant a change of use, the land owner, Khan, filed a writ petition at Bombay High Court in July 2016.

After hearing the petition, the court on January 30, 2017, made it clear that the NMMC is the town planning authority and is competent to grant change of use in its jurisdiction as per its own DCR.

SG Kudle, advocate of the petitioner said, "The court directed NMMC to grant change of use from a restaurant to a chicken shop within four weeks from the date of receipt of application if the petitioner submits an application in prescribed form along with the necessary certificate of the architect."