Navi Mumbai bungalow owners cannot block highrises, says HC and junks petition
MUMBAI, Aug. 25 -- Owners of 17 bungalows in Kharghar cannot claim a vested right to prevent Cidco from allowing highrise development on neighbouring plots, the Bombay high court has ruled, rejecting their challenge to a 2020-21 housing scheme of the planning authority.
The petitioners, who had acquired their bungalow plots on 60-year leases under two Cidco housing schemes launched in 2002-03 and 2011-12, argued that they had a "legitimate expectation" that the surrounding layout would continue to comprise bungalow plots. They also claimed that allowing highrise buildings would adversely affect their access to light and ventilation.
The petitioners had challenged Cidco's decision to include 14 plots in Sector 21, Kharghar, in its 2020-21 housing scheme, which permitted development of multi-storeyed residential buildings. They sought quashing of the scheme, arguing that it was contrary to the earlier schemes under which bungalow and semi-detached residential plots had been allotted.
The earlier schemes permitted ground-plus-two-storey bungalows and, subsequently, ground-plus-three-storey structures. Under the 2020-21 scheme, buildings of up to seven floors could be constructed.
The petitioners also objected to Cidco permitting multiple buildings on a single plot and amalgamation of plots that had earlier been demarcated for detached or semi-detached bungalows. They argued that this would change the character of the neighbourhood and affect their enjoyment of light and air.
However, a bench of Justices M S Karnik and S M Modak rejected the challenge, accepting Cidco's contention that the earlier schemes and the 2020-21 scheme operated under different development regulations.
Advocate general Milind Sathe, appearing for Cidco, told the court that the 2002-03 and 2011-12 schemes were governed by the erstwhile Development Control Regulations, 1975, while subsequent development was governed by the Unified Development Control and Promotion Regulations (UDCPR).
The court noted that the 2020-21 scheme was not connected to the earlier housing schemes. With development potential having increased under the new regulations, including provisions permitting amalgamation of plots, Cidco was entitled to allow multi-storeyed residential buildings, the judges said.
The court also took into account Navi Mumbai's growth over the past two decades and the increased demand for housing. It found nothing erroneous in Cidco's position that matters such as plot amalgamation, maximum permissible floor space index and building height based on the width of the abutting road were governed by the UDCPR after December 2020.
Importantly, the judges said the petitioners' rights were restricted to the lease agreements covering their own plots. They could not claim rights over Cidco plots that remained unsold or were subsequently allotted....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.