Eighty three flats, 18 shops and one floor of office space in Green Heritage building compound at Kharghar in Navi Mumbai are likely to be pulled down soon, with the Bombay high court, on Monday, refusing to rescue buyers of these unauthorised flats and shops.
"Their (the buyer's) individual rights and interests are subservient to the concerns for public health and safety," the division bench of justice AM Khanwilkar and justice SS Shinde said while dismissing petitions filed by owners of these flats and shops and as well as a petition by the builder, Abhishek Builders and Developers.
"Ultimately, if they purchase flats without bothering to make inquiries and seeking details of the construction site, then they are to blame," the court said refusing to use its extraordinary jurisdiction to help out the affected flat and shop purchasers.
The judges said the buyers can approach civil or criminal courts if they want to pursue their individual rights, but they cannot ask the court to force the planning authority to regularise unauthorised and blatantly illegal constructions. "That makes a mockery of the rule of law."
The developer, buyers of the flats and shops had moved high court after City and Industrial Development Corporation (CIDCO) of Maharashtra Ltd., which is planning authority for Navi Mumbai, rejected the Occupancy Certificate (OC) application for the property.
The planning authority had rejected the application because the developer had constructed far more than the sanctioned plan that allowed 97 residential, 20 commercial tenements and a three-floor office building. However, on a site visit CIDCO officials discovered that the developer had constructed 160 residential flats, 38 shops and a four-storied office building.
The developer and buyers had approached the high court asking them to direct CIDCO to regularise the unauthorised constructions and grant them the OC contending that they already had a no objection certificate from the fire department and an electricity and water supply line for these buildings.
The high court cited an earlier decision in which the court had held that individual rights and interest of flat purchasers are subservient to the concerns for public health and safety to reject the plea.