FROM THE DESK OF MUNICIPAL COMMISSIONER

Sub: - Orders passed by Hon'ble Supreme Court of India: In Civil Appeal No. 11150 of 2013 (@ out of Special Leave Petition (Civil) No.33402/2012

Ch. E. (D.P.) and C.F.O. shall note the orders dated 17th December 2013 passed by Hon'ble Justice H.L Gokhale & J. Chelameswar in the subject matter. A copy of the said judgment is available on the website of Hon'ble Supreme Court of India. Hon'ble Supreme Court has passed certain orders in Para 60 of the aforecited judgment and the said judgment may be referred. Part of the said orders is narrated as follows, for the sake of ready reference.

“The minimum recreational space as laid down under Development Control Regulation (DCR) 23 cannot be reduced on the basis of DCR 38 (34). The recreational space, if any, provided on the podium as per DCR 38(34) (iv), shall be in addition to that provided as per DCR 23.

The second proviso to DCR 43(1) (A), concerning fire protection requirements, is held to be bad in law. We hold that even for the reconstruction proposals of plots up to the size of 600 sq. meters under DCR 33(7), open space of the width of 6 meters at least on one side at ground level within the plot, accessible from the road side will have to be maintained for the maneuverability of the fire engine, unless the building abuts two roads of 6 meters or more on two sides, or another access of 6 meters to the building is available apart from the road abutting the building.

The decision as contained in Clauses 2 (i) and 2 (iv) of Para 60 of the said judgment, will apply to those 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."

In view of the above, you are hereby directed to instruct all concerned officials to ensure strict compliance of the orders passed by Hon'ble Supreme Court of India, while processing the development proposals. Further, you may study the said order in detail, for any other actionable points at your end.

S. Kunte
S/d
20/12/2013
MUNICIPAL COMMISSIONER

Copy to: - Ch.E. (DP)/ C.F.O

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