Bombay HC halts Khar construction violating norms

The bench of justice KR Shriram held that even though the adjoining plot holder had come to court late, the builder was aware he was involved in illegal construction yet continued the work.

The Bombay high court (HC) recently halted the construction of a building in Khar (West) after it was informed that the builder had used more floor space index (FSI) than permitted and had also failed to observe notional boundaries of the plot. As a result, building structure did not have room for the mandatory relief area and it would have to get the same, at the cost of the adjoining plot.

The bench, while hearing the petition filed by the owners of a plot, was informed by advocate Vishal Kanade that his clients were aggrieved by the construction undertaken on an adjoining plot in 2013. (HT FILE)

The bench of justice KR Shriram held that even though the adjoining plot holder had come to court late, the builder was aware he was involved in illegal construction yet continued the work.

The bench, while hearing the petition filed by the owners of a plot, was informed by advocate Vishal Kanade that his clients were aggrieved by the construction undertaken on an adjoining plot in 2013. Kanade submitted that the construction had not left minimum distance from the shared perimeter, as a result there was no room for a pathway.

He submitted that this would result in a loss to his client as they would then have to leave additional space on their plot when they commenced construction.

The advocate for the developer submitted that the construction was as per the permissions issued by the Brihanmumbai Municipal Corporation (BMC) and as the developer had already created third party rights in respect to three flats in the under-construction building, the HC should not interfere. After hearing the submissions, the bench observed that if the submissions of the developer were accepted, they would be placing a premium on dishonesty. In light of these observations, the court granted an ad-interim stay on further construction of the building and sale of flats. It also directed the petitioner to forward a copy of the order to MahaRERA authorities.

The court directed the three purchasers to initiate proceedings to recover money or compensation from the developer.