In a fresh setback for India's tallest skyscraper, Palais Royale at Worli, the Bombay high court on Wednesday held that the 13 upper floors of the 56-storey building as well as a 15-storey public parking tower next to it were "completely illegal".

A division bench of justices Abhay Oka and C V Bhadang called their construction a "brazen defiance" of rules, and has left it to the municipal commissioner to decide the fate of the structures.

Shree Ram Urban Infrastructure Limited (SRUIL) has been allowed to apply for fresh commencement and development permission from Brihanmumbai Municipal Corporation (BMC) for the parking tower, as well to regularise the 13 floors. Whether any of the 13 upper floors can be saved would depend on BMC's decision on the quantum of incentive floor space index (FSI) that is permitted. BMC has four months to decide on the issue.

The HC rejected the developer's claim that it had "deemed permission" to construct the parking tower with 900 spaces. The 13 upper floors of the residential building, from 44th to 56th, were constructed in lieu of additional construction rights in the form of incentive FSI for building the public parking lot. Senior advocate A Y Sakhare, counsel for BMC, said that the corporation had only issued commencement certificate to construct till the plinth level for the parking tower and 43 floors for the residential building. ...