The Bombay high court had on March 22 asked the civic body to decide a regularisation application made by the owner of the Juhu property after Rane filed a plea challenging two notices and orders issued by BMC for demolition.
The BMC has in its reply to the regularisation plea said that as per the Occupation Certificate, the plot area is 2,209 sq mand the permissible built-up area is 2,814 sqm, which has been consumed as per Development Control Regulations 1967. The architect has claimed FSI as per DCPR 2034, which is admissible on the entire (wider) plot, the civic body has said. "However in this case the FSI claimed is on the basis of mutation entry, which is not permissible as formal subdivision of plot is not approved. It will have imbalance of FSI and will affect rights of occupants of other existing building on plot under reference," BMC has stated, adding that there is no FSI "admissible" for the retention/regularisation work.
The BMC has also said that due to additional work, there is an increase in the number of parking tenements. Hence there is “deficiency in parking."
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