This story is from October 21, 2014

SC refuses to stay plush Bandra tower construction

A housing society at Pali Hill, which had sought that construction of an adjacent 19-storey luxury tower be halted, was recently refused relief by the Supreme Court.
SC refuses to stay plush Bandra tower construction
MUMBAI: A housing society at Pali Hill, which had sought that construction of an adjacent 19-storey luxury tower be halted, was recently refused relief by the Supreme Court.
The court dismissed a plea filed by Chetak Housing Society, challenging a Bombay high court order that refused to grant interim stay on construction of the tower, Sandhu Palace, touted as the most expensive complex in the suburbs.

The society alleged violation of building permission.
The SC has asked the high court to decide on the society’s plea within three months. The tower developer, Sandhu Builders, was reportedly quoting more than Rs50,000 per sqft and several flats were sold to NRIs at Rs35 crore-plus each. Chetak Society owns the land – about 12,600 sq mt spread over four plots.
In 2005, the society had an agreement with the developers to construct the tower and assigned them development rights. Each of over 100 members of the society, popularly known as Manju Mahal, reportedly received between Rs5 lakh and Rs 15 lakh to give powers of attorney to the builder to develop the land.
In 2011, the society sought to terminate the agreement citing violations, and approached HC.
It claimed that of four plots, it had allowed the builder to use transfer of development rights (TDR) of only three.
The society said the floor space index was being wrongfully utilized and accused the developer of wrongfully denying parking space to its members. The HC ruled that the agreement allowed the builder to utilize TDR of four plots. In August 2014, the HC said it did not intend to stop the construction. It asked the BMC not to grant an OC for the new tower unless it certifies that parking space will be available for the society, as per law. The HC said rights of new flatowners in the tower will be subject to final outcome of the petition.
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About the Author
Shibu Thomas

Shibu Thomas is a special correspondent at The Times of India in Mumbai. He writes on legal issues in the Bombay high Court and other courts in the city. He has written on PILs filed by citizens, human rights violations and prisoners caught in the legal system. He has travelled across two continents and plans to cover the remaining five.

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