Bombay High Court

SWASTIK DEVELOPERSversusTHE BRIHANMUMBAI MUNICIPAL CORPORATION

Decided: 11 September 2026
Disposal: DISPOSED OFF

Holding

The writ petition is disposed, with the BMC directed to decide on the petitioner's application for additional FSI within three months.

Summary

Swastik Developers filed a writ petition seeking the grant of additional Floor Space Index (FSI) from the Brihanmumbai Municipal Corporation (BMC). The petitioner claimed that all formalities for the additional FSI had been completed, though permission had not been granted. The court noted the petitioner's statement and directed the BMC to examine the grievance and decide on the application within three months of receipt. It emphasized that the statutory provisions and relevant rules should be applied expeditiously. Consequently, the court disposed of the writ petition, ordering the BMC to make a final decision within the stipulated period.

Issues considered

Whether the BMC is obligated to grant the additional FSI after the petitioner has completed all formalities.
Whether the BMC must decide on the petitioner's application for additional FSI within a reasonable time as per statutory provisions.

Subjects

Floor Space Index
Municipal Corporation
Writ Petition
Statutory Compliance
Administrative Law

Judgment

                               Digitally
                               signed by
                               CHITRA
                      CHITRA   SANJAY
                      SANJAY   SONAWANE
                      SONAWANE Date:
                               2026.09.13
                               17:12:43
                               +0530




Chitra Sonawane.                                              31-WP-3767-26.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                          WRIT PETITION NO.3767 OF 2026
Swastik Developers                                .. Petitioners.
          Vs.
The Brihanmumbai Municipal Corp.                  .. Respondent.
                                 ...
Mr.Gauraj Shah a/w Shlok Bodas i/by Tejas Shah for the Petitioner.
Ms. Shweta Patankar for Respondent/BMC.
                                 ...
                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                           ADVAIT M. SETHNA, J.
                   DATE          : 11th SEPTEMBER, 2026.

P.C. :

1.       Learned Counsel for the Petitioner makes a statement at Bar the
entire formalities qua grant of additional FSI is already completed even
though the permission is not granted. Statement is accepted. Considering
the relief as prayed for, this aspect can be examined and addressed as
per the statutory provisions and relevant rules by the Corporation, as
expeditiously as possible, preferably within three months of the
Petitioner making such Application.

2.       In our view, the factual aspects relating to the grievance of the
Petitioner can be examined by the Authority itself and a final call be
taken within 3 months, from the receipt of the Application by the
Petitioner.

3.       In the above terms the Writ Petition stands Disposed Of.



 [ADVAIT M. SETHNA, J.]                                    [CHIEF JUSTICE]
                                              1

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