HC restrains builder Niraj Ved from disposing of premises in eight projects
Bombay HC restrains Niraj Ved from selling or creating third-party rights in his eight redevelopment projects in Bhandup, Ghatkopar, and Kurla.
The Bombay high court on Wednesday issued an order restraining Niraj Ved, proprietor of Sainath Corporation, from selling or creating third-party rights in any of his eight redevelopment/slum rehabilitation projects in Bhandup, Ghatkopar and Kurla. Third-party rights include renting out a unit, giving it out on lease, putting it on mortgage etc.
A division bench of justice G S Patel and justice Kamal Khata said it was constrained to pass the order “because otherwise at every single turn the court will have one more petition and one more set of disgruntled persons”.
The eight projects include redevelopment of Kapilkunj, Suhana and Samaj Kalyan cooperative housing societies in Ghatkopar West, Dhoshi Lean, Shreenath Odhva societies, Vidya Villa and Nagji Mansion buildings in Ghatkopar East, and Shreenath Darshan society in Bhandup. Besides, the developer has undertaken a slum redevelopment project in Kurla.
The court was hearing three petitions, two of which were filed by flat buyers whom Sainath Corporation had not delivered the possession. The third was filed by Kapilkunj cooperative housing society whose redevelopment was undertaken by the builder. He, however, left the project halfway and eventually the members of the society pooled in money and completed the work.
The bench said in all the projects Ved had made unlawful allotments which had resulted in a large and apparently growing number of disgruntled occupants, purchasers and allottees.
Earlier, the court was irked to note that the builder had sought to club two of his projects and tried to convert one of his Ghatkopar redevelopment projects into a permanent transit camp for slum dwellers from Kurla and Slum Rehabilitation Authority (SRA) officials were unaware of the plans.
“This is a classic case of a developer playing fast and loose with development rights at the cost of those entitled to reconstructed homes or rehabilitation, third party purchasers, permanent transit camp units and worse,” the bench said.
HC posted the petitions for further hearing on December 5, stating that it would need category-wise details of allottees in each of the projects to solve the problems created by the builder.
The court also asked the lawyers representing the Brihanmumbai Municipal Corporation and SRA to check if it was possible to form a task force to resolve the issues involved in the projects undertaken by Sainath Corporation.