Supreme Court of India Civil Appeal No. 11150 of 2013 Mun.Corp.of.Gr.Mumbai & Ors. Vs Kohinoor Ctnl Infrs.Co.P.Ltd. & ... on 17th Dec 2013. Judgment-Mr. H.L.Gokhale J. & Mr. J. Chela mesh war R.J
The recent Supreme Court judgment made yesterday have ruled that developers will have to mandatorily set aside a minimum 15-25% of the plot size at the ground level towards open recreational spaces. In this order the court said, "the minimum recreational space as laid down under the Development Control Regulation (DCR) 23, cannot be reduced on the basis of the DCR 38 (34) (iv), shall be in addition to that provided as per DCR 23.
DCR 23 requires a minimum space open in a building with a plot size of 1,500-2,500 sq metres, 20% for the plot sizes 2,500- 10,000 sq metres and 25% for plot size over 10,000 sq metres. DCR 38 (34) relates to podiums. The amendments (iv) introduced by the BMC in January 2012 to DCR 38 (34) states that the recreational space prescribed in DCR 23 may be provided either at the ground level on open to sky podium.
The second provision to DCR 43 (1) (A) concerning fire protection requirement is held to be bad in law. Even for the reconstruction proposals of plots up to size of 600 sq. mts. Under DCR 33 (7) open space of the width of 6 metres at least on side at ground level within the plot, accessible from the road will have to be maintained for the maneuverability of a fire engine unless the building abuts two roads of 6 metres or more on two side, or other sides access of 6 metres to the building is available apart from the road abutting the building.
These rules will apply to these constructions where plans are still not approved or where the Commencement Certificate (CC) has not yet been issued. All authorities concerned are directed to ensure strict compliance accordingly. The necessary notification will be issued within the four weeks reconstituting the technical committee for the High rise buildings.