- (1.) Leave granted.
(2.) These appeals are filed against the order(s) of the Bombay High Court refusing permission to the appellants to make a construction on their own property in spite of their having a sanctioned plan. An application in this behalf was made in a litigation where the High Court had restrained the citizens, except those belonging to certain categories to carry on construction in the following terms : "(a) The development permissions/ IOD shall not be granted by either the said Municipal Corporation or the State Government on the Applications/proposals submitted from 1st March 2016 for construction of new buildings for residential or commercial use including Malls, Hotels and Restaurants. Such applications shall be processed, but the IOD and/or commencement certificate shall not be issued. It is obvious that in view of this restraint, no one can take advantage of deeming provisions in the DCR and MRTP Act. Needless to state that this condition will not apply to all the redevelopment projects covered by the clauses (5),(6),(7),(8),(9) and (10) of the DCR No. 33. This condition will not apply to the buildings proposed to be constructed for the hospitals or educational institutions. The condition shall not apply for consideration of the proposals for repairs/ reconstruction of the existing buildings which do not involve use of any additional FSI in addition to the FST already consumed. These restrictions shall apply only to the Applications/proposals submitted from tomorrow i.e. 1st March 2016."
(3.) It is a common ground that the main reason that weighed with the Court for passing such a drastic order is the alarming lack of waste disposal facilities with the Municipal Corporation of Greater Mumbai. In this background, the High Court was pleased to reject the permission sought by the appellants.;