HC: Follow DCR rules in Aarey no-devpt zone

Mumbai:Developer RoyalPalms' sprawling projectin Aarey Colony hascomeunder thescanner of the Bombay high court. Declining to stay the sale of over 3.25 lakh sq ft of officespace, a division benchof Chief JusticeMohit Shah andJustice Roshan Dalvi directed the BMC,state government anddeveloper to strictly follow the developmentcontrol regulations(DCR)in the no-development zone. 

    The court was hearing an application filedby activistRajendra Thacker,objecting toRoyalPalms' plan to sell 6,000 sq m of land with sanctioned construction rights in the form of floor space index of 3.35 lakh square feet for setting up IT infrastructure for Rs 85 crore. The judges asked Thacker to file a separate petition if he had grievances in the Royal Palms' case. 
    Advocate Sumedha Rao told the high court that Royal Palms may go ahead with the sale and create third party rights. "It will be at their own risk," remarked the judges. 
    The land, spread over around 240 acres, is located in Marol-Maroshi and falls in the no-developmentzone.Over 73,000sq m of this plot was covered with slums. According to the BMC, it had left out the slum land and allowed development by dividing the area into a tourism development zone (TDZ) and no-development zone (NDZ). Plansfor threehotelswere permitted in the TDZ area, while 14 IT buildings and 78 residential buildings, including 50 bungalows, were approved in the NDZ area. 
    Assistant government pleader G W Mattos told the court that even in an NDZ area, some relaxations are permitted. This allows 20% of the total FSI to be used for constructing IT parks and residences. Setting up tourism infrastructure is also allowed. 
    Advocate Rao claimed that the proposed sale was in violation of rules. The lawyer representing Royal Palms denied the allegations and said that all rules were complied with.