You may face the fate of Supertech, HC warns developer

The Bombay high court (HC) on Tuesday refused to grant relief to a developer who allegedly constructed a building on a plot reserved for a playground in Khar

Mumbai The Bombay high court (HC) on Tuesday refused to grant relief to a developer who allegedly constructed a building on a plot reserved for a playground in Khar.

When the developer insisted on lifting the stay on construction activity, the bench remarked that the construction would face the consequences of the Supertech twin towers at Noida which were demolished on August 28 following a Supreme Court verdict (HT PHOTO)

When the developer insisted on lifting the stay on construction activity, the bench remarked that the construction would face the consequences of the Supertech twin towers at Noida which were demolished on August 28 following a Supreme Court verdict.

The division bench of chief justice Dipankar Datta and justice Makarand Karnik, while hearing a public interest litigation (PIL) against the encroachment of a land reserved for a playground at Khar, was informed that as per its August 26 order, a survey of the plot was carried out by the concerned agency and hence the stay on the construction activity should be lifted as the developer was suffering huge losses.

According to the petitioner, the plot had been reserved for a playground as per the development plan of 1992. However, the slum rehabilitation authority had permitted the developer to start construction on the plot. The SRA had permitted construction because the size of the playground had been reduced due to various reasons and construction could be done on the remaining portion. The plot was reduced to 5,255 square metres as opposed to the previous reservation of 6,000 square metres. The court in November 2021 had stayed all construction on the plot.

As the developer had made claims contrary to the petitioner, the HC had directed appointment of an agency to carry out measurement of the plot and submit a report of the same.

On Tuesday, advocate Rama Subramanian informed the bench that as the demarcation of the boundaries had been done, the stay on construction work should be lifted as the developer was suffering losses due to it.

The court was however not inclined to allow the same. Subramanian submitted that the developer was willing to face any consequences which prompted the bench to remark, “Let’s wait, you may face the fate of Supertech.” The court then adjourned hearing of the PIL to September 20.