Can Lokhandwala Kataria Construction Private Limited (LKCPL), which has undertaken construction of the redevelopment project at Dhobi Ghat, Saat Rasta, near Arthur Road Jail, be allowed to use FSI of 4 and build up to 85 floors? The Bombay high court will decide this issue on Dec 17 after it hears a petition in this regard by the developer.
What's is the petitioner's grouse?
According to LKCPL, the petitioner, despite their plans being approved in 2006 and they having complied with the additional conditions laid down by the committee reviewing jail security, the government is now stalling the project by refusing to give NOC for construction using FSI of 4. LKCPL had undertaken redevelopment of Shramik Ekta SRA Co-Operative Housing Societies Federation at Saat Rasta spread over 26,160.72 sq m. The federation comprises nine societies with 1,892 slum dwellers, of whom 1,771 are eligible for being rehabilitated.
How much work has been completed?
The podium, 16 levels of car parking and 39 floors have so far been constructed. The plan now is to construct up to 85 floors with FSI of 4.
When did the federation approach LKCPL?
In May 2004 LKCPL was appointed developers for providing housing to slum dwellers and for constructing the Free Sale building. After obtaining 70% consent, LKCPL submitted the proposal for implementing the scheme.
When was letter of intent issued?
On April 16, 2005, following which LKCPL started construction of several rehabilitation buildings, school building and dispensaries on the plot.
Why/when was the monitoring panel formed?
The government formed a committee on Dec 4, 2013 to monitor the development within 500m of the prisons from a security point of view. On Dec 12, 2007, the CEO of the Slum Rehabilitation Authority (SRA) issued stop work notice on account of a portion of the scheme coming up in the vicinity of Arthur Road Jail. A meeting was held with the prison security on Dec 6, 2008, where it was held that work that had already begun would not be hit by the government policy that prevents construction within 150 meters near the vicinity of jails.
What are the conditions to begun work anew?
The stop work notice was then withdrawn, but certain additional conditions were imposed. LKCPL counsels – Prasad Dhakepalkar and Cherag Balsara – argued that they had complied with the conditions—no building should have an opening that faced the jail; there should be no terrace; roofs should be slanting so that no one would be able to walk on it.
What does the govt resolution say?
The government resolution was issued on April 16, 2008. It stated that in a redevelopment project where the density of existing slums was 650 dwellers per hectare, an FSI of 4 would be allowed.
What followed the resolution?
As per the resolution, a revised Letter of Intent was issued on Dec 17, 2009. SRA then wrote to the Urban Development Department (UDD) saying LKCPL was entitled to FSI of 4 on account of the density of the slums.
An affidavit filed by Mantayya Mallaya Swami, assistant engineer, SRA, in this connection reads: "A fresh NOC from the government committee for security around prisons is not required as the plaintiff (LKCPL) already has an approved NOC from the Home Department, dated July 3, 2009." It also says that LKCPL had complied with all conditions imposed on them.
As per the petition....
The contract was given to L&T for construction of the Free Sale building in 2013, and construction up to FSI 3 has been completed. However, they are unable to proceed further.
What do the petitioner seek?
The petitioner wants the court to direct UDD, SRA and the government to grant requisite FSI to LKCPL as per the 2008 GR. The petition also prays that the respondents be restrained from preventing the petitioner from carrying out construction work.
What had the govt pleader to say?
Government pleader DA Nalavade informed the division bench of justices VM Kanade and Anuja Prabhudessai that they had made a representation to the chief minister in this regard and were awaiting further instructions.
When will govt file a reply?
The high court has asked government to file reply within two weeks and kept the matter for final hearing on Dec 17.
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