Quashing the developer’s request, the Bombay high court refused to lift the stay imposed on the redevelopment of Deshbhushan Co-operative Housing Society, possessing both cessed and non-cessed structures, at Tardeo. Citing the lack of verification of number of occupants in non-cessed buildings of the society as the reason, the High Power Committee (HPC) had issued a stay on the redevelopment work of the society in April 2009.
The division bench of justice DY Chandarchud and justice AV Mohta observed that the nature and the extent of construction would depend upon the availability of FSI for rehabilitating the occupants of the cessed and the non-cessed structures.
Until the process of certification is complete, we are not inclined to lift the embargo placed by the HPC, the bench added. The observations came in the wake of a request from the developer to vacate the stay.
Seeking the implementation of the HPC order directing Maharashtra Housing and Area Development Authority (Mhada) to verify number of occupants of non-cessed buildings and the exact area occupied by them, residents of Deshbhushan Society had, in December 2010, moved the high court. The court has directed the Repairs and Reconstruction Board, a unit of Mhada, to carry out the process of verification of number of occupants of non-cessed buildings and the area held by them.