By Pallavii Pitale
While calculating the FSI, certain areas have been exempted including lifts and staircases under the development control regulation no. 35 (2)(c). Despite of that, the Brihanmumbai Municipal Corporation ( BMC) has been levying a premium for allowing builders to avail of such concessions.
The Bombay High Court recently has held that the Corporation does not have the authority to levy premium or any such amount in the absence of any express provisions in the MRTP Act or DC Regulations. A division bench of justice F.I.Rebello and justice Ahmed Sayed has declared the clarificatory order issued by the Secretary to the Government holding that the term “ with special permission of Municipal Commisioner” entitled the Commissioner to impose conditions like charging of premium as ultra vires to regulation no. 35 (2)(c) and or provision of the act and the rules. The court has instructed BMC for refunding the premiums that were collected from builders within two months or to pay interest at 8% per annum on delayed payments.
Granting such FSI has been kept in abeyance by the BMC authority.