HC ON CESSED BLDGS Extra FSI for 2k redevpt projects in island city

Mumbai: A Bombay high court verdict has paved the way for about 2,200 redevelopment projects in the island city to avail of additional FSI. 

    A bench comprising Justice A M Khanwilkar and K K Tated, on March 20, struck down a condition imposed by 
the government for grant of additional FSI in the case of ongoing redevelopment schemes for old cessed buildings. 
    In May 2011, while modifying development control (DC) regulations to increase FSI for such redevelopment projects from 2.5 to 3, the state had imposed arider that in case of ongoing schemes, it can only be availed if the construction of the rehabilitation building had not progressed beyond the plinth stage. 
    A Mhada official informed that there were about 2,200 ongoing projects. A developer, J Gala Enterprises, had challenged the condition on grounds that the condition was "unconstitutional and ultra-vires". 
    The court ruled that extra FSI could be availed by ongoing incomplete redevelopment projects (where full occupation certificate has not been granted) on submission of structural stability certificate by a certified licensed engineer. Claiming that implementation of the judgment could lead to a trend where developers do not apply for full occupation certificates, Mhada has decided to seek a stay on the implementation.