The skyscraper debacle: ruling on Palais Royale

Palais Royale at Worli, which is planned to be Mumbai’s tallest building, has attracted a lot of attention not only in Mumbai but all over India. The 320-metre, 56-storey skyscraper, showcasing more than 100 apartments, defines Mumbai’s skyline and has achieved a first for India in Leadership in Energy and Environmental Design certification.

However, the legality of Palais Royale and its adjacent public parking lot (PPL) has been challenged in a public interest litigation (PIL) filed by a non-governmental organization by the name of Janhit Manch. The PIL has brought into the limelight the complex legal and factual matrix that is involved in the construction of high-rise buildings.

Facts of the case

In the case of Janhit Manch and another v State of Maharashtra and others, the petitioners sought to challenge the approvals and commencement certificates in respect of the building and PPL and also sought a writ of mandamus for the demolition of additional floors of the residential building. The petitioners also raised various issues regarding the refuge area and the resulting additional floor space index (FSI), the set-back areas, passages, structural columns, amenity floors and servants’ toilets.

Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Prakritee Yonzon is an associate.