Order of the Supreme Court of India regarding car parking space for housing societies, Mumbai, Maharashtra, 26/07/2022

Order of the Supreme Court of India in the matter of Nikunj Developers Vs Videocon Tower A Cooperative Housing Society Ltd. & Others dated 26/07/2022.

The SC, February 17, 2022 had directed the appellant (Veena Developers) to submit a proposal to the Municipal Corporation of Greater Mumbai for sanctioning of 227 car parking spaces. This would be inclusive of the 25 per cent discretionary quota of the Municipal Commissioner. The Municipal Corporation of Greater Mumbai  would consider the proposal in accordance with the Development Control Rules and take a decision within a period of one month. The appellant after getting the proposal sanctioned should take necessary steps for compliance so as to assuage the grievance of the cooperative societies in regard to the absence of car parking spaces, the SC order of February 17, 2022 said.

Further, in addition to the submission of the proposal for 227 car parking spaces,  the appellant shall submit, within a period of two weeks, an additional proposal for sanctioning of 124 car parking spaces (thus, making a total of 351 car parking spaces).

The SC, July 26, 2022 noted that the directions of the court have not been complied with, despite the passage of nearly five months.

The Supreme Court, July 26, 2022 directed: 

  • Veena Developers (appellant) to submit proposals for the sanctioning of 227 car parking spaces (inclusive of the 25 per cent of the discretionary quota of the Municipal Commissioner) and for sanctioning 124 car parking spaces for which the appellant shall purchase such FSI (floor a space index) as is required.
  • The Municipal Corporation shall, within a period of three weeks of the submission of the application, intimate to the appellant the extent of FSI which is required to be purchased for the additional proposal for sanctioning 124 car parking spaces and upon such intimation being made, the appellant shall, within a period of four weeks thereafter, deposit the amount with the Municipal Corporation, as directed. The appellant shall submit the proposal for the construction of a building for accommodating the car parking spaces, as envisaged in the environmental clearance issued by the government of Maharashtra.
  • The Municipal Corporation of Greater Mumbai shall, while sanctioning the proposal, proceed on the basis of the provisions as they existed on the date of the grant of the environmental clearance by the government of Maharashtra. The proposal to be submitted by the appellant developer should include plans and specifications under the signature of a certified architect and the appellant and must comply with all the requisitions which have been communicated by the Municipal Corporation to the appellant, as set out in the affidavit filed in the proceedings by the Executive Engineer.
  • The Municipal Corporation shall issue orders on the proposal submitted by the appellant, within a period of one month from the date of the final submission.