Civic our bodies must classify buildings on the premise of its predominant function (residential or industrial) whereas levying growth costs, the Bombay excessive courtroom (HC) mentioned on Friday, whereas directing the Brihanmumbai Municipal Corporation (BMC) to not take any coercive steps for the restoration of the costs from Macrotech Developers Ltd.
The division bench of justice KK Tated and justice Milind Jadhav directed the civic physique to just accept the ₹13.15 crore from the developer, as an alternative of the ₹26.30 crore the company had demanded for.
The bench additionally directed BMC to problem a graduation certificates to the industrial wing of the constructing developed by Macrotech Developers as much as 26 liveable flooring, after ₹13.15 crore is paid by the latter.
Macrotech moved HC after the civic physique on July 1 demanded ₹26.30 crore in direction of growth costs for the issuance of graduation certificates for the liveable flooring of the fourth – industrial wing of its undertaking, World Towers at Worli.
Senior advocate Sharan Jagtiani, who represented the developer, submitted that the event costs levied have been in contradiction to sections 124A and 124B of the Maharashtra Regional and Town Planning (MRTP) Act, 1966. He added that the predominant consumer of the event which is being carried out by the developer was residential, as 78℅ of the development is residential in nature, and subsequently, the developer was liable to pay growth costs on the fee of 4℅ of the prepared reckoner (for residential buildings) and never at 8℅, required to be paid for industrial constructions.
Senior advocate Anil Sakhare, who represented BMC, strongly opposed the prayer for interim reduction. He submitted that if interim reduction was granted to the developer, there was a risk that he’ll full the work and vanish with out making any funds to the civic physique, in case the courtroom upholds the civic physique’s demand discover later.
The argument, nonetheless, didn’t impress upon the bench.
“On a careful perusal and consideration of the provisions of section 124A read with section 124B of MRTP Act, the petitioner has, prima facie, made out a case for seeking interim relief,” the bench mentioned, including that it was clear that the constructing was required to be categorized for the aim of levy of growth costs on the premise of its “predominant user” as said within the provisions.
The bench additionally famous that of the entire ground house index of 1,95,524 sq. metres to be utilised on the website, a majority (1,52,646 sq. metres) was being utilised for residential functions, clearly indicating that the predominant function was residential.