Maharashtra urges HC to vacate stay imposed for increasing FSI for new buildings in Navi Mumbai

The state urged the Bombay high court on Monday to vacate the stay imposed on allowing an increase in the Floor Space Index (FSI) for proposed buildings in Navi Mumbai under its cluster redevelopment scheme.

In 2014, the government had proposed to increase the FSI for such buildings from 3 to 4. This will allow private developers to redevelop existing slum clusters, dilapidated buildings or low-rise settlements in the suburbs of the city as well as in Thane and Navi Mumbai into high-density zones with multi-storeyed buildings as high as 60 storeys.

However, in September 2014, the proposal was stayed by the high court on the ground that the state had failed to conduct any impact assessment study before taking the decision.

The court had taken note of a PIL filed by a Thane resident claiming the development of such high-rises without any assessment of their impact on the already crumbling infrastructure in the city and its neighbouring areas must not be permitted.

The plea had claimed that with cluster development, the state must also systematically create or upgrade necessary infrastructure such as roads, open spaces, schools, hospitals, etc.

On Monday, the state filed an affidavit saying the “Navi Mumbai Municipal Corporation and Cidco had carried out an impact assessment study and confirmed that the increased FSI will not have any adverse effect on the development of the area.” It said the corporation had also charted a plan for “systematic development of amenities in the area with reference to the proposed development.”

The state argued that many “occupants of old and dilapidated buildings in Navi Mumbai did not have the resources” to carry out redevelopment work and thus, the implementation of its cluster development project became imperative. It said increased FSI was also essential to offer an incentive to private developers, who will carry out such redevelopment work.

Currently, the above cluster redevelopment scheme is applicable only in South Mumbai.

The state is yet to conduct impact assessments for the suburbs and the satellite towns.

The court is likely to take up the matter for further hearing on Friday.