The two-acre plot is located next to the SK Patil Garden in Charni Road, on the other side of the railway tracks running parallel to the Taraporevala Aquarium at Marine Drive. It falls under the Coastal Regulation Zone.

The prevailing vertical limit for the area is restricted with a floor space index (FSI) of 1.33. The government move is in response to a Supreme Court ruling that asked the state to consider the developer’s request for an FSI of 6.29. Once sanctioned, the structure housing the hotel-cum-service apartment will go higher than the tallest building in Mumbai: the 60-storeyed twin towers at Tardeo.

“The freeze on FSI came with the development control (DC) Rules, 1991. When the CRZ notification of 1991 was issued, the DC rules of 1967 were in force, under which there is no FSI limit specified,” said an official from the urban development department.

This additional FSI extends to educational and medical institutions, government offices and luxury hotels provided that the government approves the project. The existing five-star hotels in the island city like Taj Mahal, President, Oberoi and Ambassador have been granted the benefit of this additional FSI in the past, the official said.

Shahid Balwa, managing director of DB Realty, said until the state’s sanction comes through, the plan is for a maximum 50-storey tower. “The BMC has recommended an FSI of 5 for our project and we are now going as per that. Our proposal for 6.29 FSI is pending before the government.”