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Supreme Court of India 2019-10-24 partly_allowed

SHREE RAM URBAN INFRASTRUCTURE LTD vs STATE OF MAHARASHTRA

Bench: 3 — Arun Mishra, Vineet Saran, S. Ravindra Bhat

In Brief

Shree Ram Urban Infrastructure Ltd. sought to build a residential tower with an accompanying multi-storey public parking lot (PPL) on its Mumbai land. The High Court had held that construction beyond the 43rd floor of the residential building and above the plinth level of the PPL (floors 5–15) was illegal without proper commencement certificates. The Supreme Court reversed this, holding that deemed permission accrued under Regulation 6(4) of the Development Control Regulations when the architect's notice of completion up to plinth level was not answered within 15 days. The Court upheld the refuge area allocation approved by the Chief Fire Officer and Municipal Commissioner. The appeals were partly allowed; the Corporation was directed to decide on floors 44–56 of the residential building within one month.

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