Bombay high court stays 2023 govt resolution on telecom room requirement in buildings
The Maharashtra Chamber of Housing Industry, Raigad, and others filed the petition against the GR, issued under the Maharashtra Regional and Town Planning Act, claiming it was unlawful to introduce such a requirement via a GR.
The designated space is meant to have telecom infrastructure within prescribed standards similar to other building services such as water, electricity or fire safety systems.
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In an interim order on July 29, the high court division bench of Justices Girish Kulkarni and Arif Doctor, though, clarified that such insistence can be enforced once the Development Plan (DP) or Development Control Regulation (DCR) is amended legally.
The process involves calling for public objections and suggestions as mandated by law.
The MCHI, Raigad, argued that the state lacked the authority to impose such a condition in a GR merely because a recommendation in 2022 was made to all states by the Union ministry of telecommunication that in the "building bylaws" of the states and Union territories, a provision for a telecom room be made.
The MCHI stated that the MRTP Act provides for the 'Contents of Development Plan (DP)' and empowers the state to modify the DP in the public interest.
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The state informed the high court that it initiated the process to modify the DP and Unified Development Control and Promotion Regulations (UDCPR) to provide for a telecom room and will follow the legal process of inviting objections before any proposed amendment is made.
The high court prima facie agreed with MCHI's contention that the requirement sought in the GR would amount to a modification of the development plan, which "could not be enforced by issuing a directive" via a GR on a letter from the Centre, especially when the state is empowered to modify the statute, which it is now in the process of doing.
The high court clarified that it had not examined the legality of the process the state adopted for its proposed DP modification or other consequences brought about by any other provisions of the MRTP on applications pending for development permissions.
The high court posted the matter on Sept 26 for final hearing.
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