The Aaramnagar society, comprising 357 structures spread over 16 hectares at Versova, Andheri (West), which had got the Bombay HC's approval in October 2010, has run into trouble after some occupants moved a review petition seeking to recall the earlier order.
A division bench of chief justice Mohit Shah and justice Rekha Sondur-Baldota had dismissed a petition filed by five tenants challenging a redevelopment agreement between the developer, Aaramnagar Tenant's Welfare Association, and Maharashtra Housing and Area Development Authority (Mhada).
The tenants, along with others, have moved a review petition saying the project does not have the mandatory 70% consent. Petitioners argued that 200 out of 357 occupants are opposed.
State government counsel, GW Mattos, argued that the project had the consent of 75% occupants.
Petitioners also contended that the housing board will not get the due built-up area as contemplated under the DCR.
Mattos, however, pointed out that the project will get 1.2 FSI only instead of 2.5 FSI under DCR 33 (5), since it is under the Coastal Regulation Zone. He also added that the Maharashtra Coastal Zone Management Authorities (MCZMA) are yet to give permission for the project.
The court has directed MCZMA and Mhada to file their replies by Tuesday.