Common areas turned private: Mumbai body razes luxury project Rustomjee Crown's illegal additions

Deputy municipal commissioner Prashant Sapkale said the demolition drive would continue over the next four days.

The Brihanmumbai Municipal Corporation (BMC) on Monday demolished unauthorised alterations and encroachments in eight flats in the B wing of Rustomjee Crown, a luxury residential project in Prabhadevi, following complaints about residents illegally encroaching upon common areas and converting them into habitable spaces.

The civic body had earlier issued notices to 128 flats in Rustomjee Crown regarding alleged encroachments and alternations, officials said (Raju Shinde/HT Photo)

Deputy municipal commissioner Prashant Sapkale confirmed the development and said the demolition drive would continue over the next four days, targeting flats where unauthorised alterations had been found.

The civic body had earlier issued notices to 128 flats in Rustomjee Crown regarding alleged encroachments and alternations, officials said.

Activist raises red flag

Rustomjee Crown comprises three high-rise buildings – Towers A and B in phase one and C in phase two. All buildings have three-, four- and five-bedroom apartments.

On November 17, 2025, civic activist Santosh Daundkar wrote to senior BMC officials regarding alleged alterations in some apartments. In a letter addressed to the Deputy Municipal Commissioner (Zone-II), the Chief Engineer (Development Plan) and the Chief Fire Officer, Daundkar alleged that in Tower A, portions of common areas measuring 450-500 square feet (sqft) had been enclosed by individual flat owners. Based on the estimated market value at ₹50,000/ sqft, the notional value of the allegedly encroached space was around ₹2.5 crore per flat, and around ₹250 crore for the entire building, the activist said.

The Brihanmumbai Municipal Corporation (BMC) on Monday demolished unauthorised alterations and encroachments in eight flats in the B wing of Rustomjee Crown.

Daundkar also claimed that more than 100 notices had been issued to errant property owners in July 2025 by the G-South ward’s designated officer under section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act, yet the alterations and encroachments had not been removed.

A key issue raised in the complaint was the alleged grant of a part Occupation Certificate for Tower B in September 2024 despite alleged unauthorised alterations already existing in Tower A. Daundkar sought an explanation from the building proposal department regarding the circumstances in which the certificate was granted. He also alleged possible influence of affluent and politically-connected occupants over civic enforcement, citing media reports about the Securities and Exchange Board of India (SEBI) taking an apartment on lease for ₹7 lakh/month for a senior functionary.

Notices ignored

Following Daundkar’s complaint, the BMC issued a stop-work notice to the owner/ occupier of flat number 5201 on the 52nd floor of Tower A. It alleged that the occupants had merged the common lobby into the flat using wooden partitions, amalgamated the living room, kitchen and bedroom by removing a common wall, and removed a toilet.

The notice, issued under section 354A of the Mumbai Municipal Corporation (MMC) Act, directed the occupant to immediately stop the work and produce the requisite permissions within 24 hours, and warned that the unauthorised work could otherwise be removed or pulled down at the owner’s risk and cost.

Subsequently, in a speaking order dated March 25, 2026, the BMC said that notices had been issued to 128 flats under section 354A of the MMC Act and section 53(1) of the MRTP Act.

On August 19, 2026, a notice under section 488 was served to the owners, occupants, society office-bearers and developer of Rustomjee Crown, directing them to remain present during an inspection of the premises on August 24.

Monday’s action indicates that the matter has now moved into formal enforcement proceedings. The civic body said further action would be taken in accordance with due process and in keeping with the Supreme Court’s November 13, 2024 judgment concerning unauthorised constructions.

Details of the notices, action-taken reports, inspection reports and present status were available on the BMC’s encroachment-removal portal, officials said.

‘Further probe needed’

Activist-advocate YP Singh welcomed the BMC’s action but said it also raised questions that required further investigation.

The manner in which building plans were approved and if they left scope for encroachment into common areas should be examined, Singh said. He also called for scrutiny of environmental violations and compliance, especially with regards to obligations relating to gardens, mandatory open spaces and tree plantation.

"The construction was undertaken in accordance with the plans sanctioned and approved by the competent authorities as per the 1991 DCR. It complies with all the necessary norms and regulations and received Occupation Certificate about two years ago. There are no violations on part of the developer. We have been fully cooperating with the authorities and have provided all necessary details and information sought by them. We have also been engaging with the members of the building and encouraging them to undertake the necessary corrective measures, wherever required," said Boman Irani, Chairman and Managing Director, Rustomjee Group.

Sources in the real estate industry said property owners in Rustomjee Crown had restricted access to common areas and had been charged separately for the same.

“Several apartment owners have bought 150-450sqft outside their main door as Rustomjee had allowed glass or wooden door partitions and registered agreements mentioned there would be no permanent structure. The fine print was also approved by the attorneys appointed by many flat buyers,” a real estate industry functionary said, requesting not to be identified.