HC dismisses plea against Narsee Monjee institute

In a relief to the Narsee Monjee Institute of Management Studies in Vile Parle, the Bombay High Court on Thursday dismissed a petition challenging the construction of its new college building. The public interest litigation, filed by a local group — Gulmohar Area Welfare Societies Welfare Group, had raised objections with respect to the floor space index (FSI).

The petitioners had expressed an apprehension that the society running the college —Vile Parle Kelvani Mandal — would use the refuge area constructed on each floor in future to construct more classrooms instead of leaving it open from three sides as stipulated by law.

However, a division bench of Chief Justice Mohit Shah and Justice N M Jamdar accepted the statement of the counsel representing one of the trustees, Prasad Dhakephalkar, that the area will not be converted into classrooms in future. The judges also took note of the statement of the Brihanmumbai Municipal Corporation (BMC) that a floor that was marked as a "lower ground floor" had been computed for FSI. The petitioners had questioned how the society had built three basement floors, claiming that only two were permitted according to the relevant development control regulations.

The court subsequently held in its order that the petition "has no merit and must be dismissed."

The petitioners had claimed that the college building had used up close to twice the FSI that was permitted. According to them, an additional basement had been constructed in the guise of a lower ground floor. Their counsel Janak Dwarkadas also pointed out various areas in the plan of the structure which were not specifically marked for any purpose.

The society, however, contended that the petition had been filed at the instance of a person who had lost the elections to the board of trustees of the society.

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