BMC told Bombay High Court (HC), which is hearing a PIL by NGO Janhit Manch against a 14-storey parking lot adjoining Palais Royale, Tuesday that it had issued a commencement certificate for construction only up to the plinth level.
Palais Royale is the tallest residential tower of the city coming up at Worli.
BMC said it issued a stop-work notice to the tower last year and another to the developer with the respect to the parking lot.
Janhit Manch has alleged various illegalities in the 75-storey structure. Last week, its counsel Navroz Seervai argued construction of the public parking building was illegal.
The NGO claimed developer Shree Ram Infrastructure Limited carried out construction in excess of commencement certificate permission and “in deliberate breach of stop-work notices dated July 16, 2011, and December 14, 2011, and a demolition notice of December 19, 2011, under section 53 of Maharashtra Regional Town Planning Act, 1966”.
It said the commencement certificate was only for 43 floors. The petitioner also said the developer claimed excessive refuge area and left four floors vacant to gain extra FSI.
On Tuesday, BMC counsel Anil Sakhare told a division bench of justices Mohit Shah and Nitin Jamdar, “The corporation has issued a commencement certificate only till the plinth level. We issued a stop-work notice on December 14 last year and another under section 51 of Maharashtra Regional Town Planning (MRTP) Act, 1966. We will take an independent decision with respect to these notices.”
Section 51 pertains to power of the municipal commissioner to withdraw permission to a project.
Sakhare also said a litigation on the issue was pending before the city civil court, which had ordered a status quo.
“We will take appropriate action after the litigation is completed. But for the court case, we could have completed the adjudication process.”
A spokesperson for Shree Ram Infrastructure Limited said, “The matter is subjudice and our stand will be put before the court in due course.”