Demolish building on illegal plot-Court
The Mumbai civil court has ordered the demolition of an under-construction building in Borivli (W). The judge has ordered Himanshu Shah of Noopur Developers to pull down the structure within four months from the date of the decree.
The case dates back to August 2009, when 43 members of wings A and B of Megh Building in Borivli (W) filed a case in the civil court, requesting it to direct the developer to convey the property in favour of the society. They also requested that the firm should be restrained from building new structures on the land.
Himanshu Ganatra, secretary the Megh housing society, said, “The agreement paper states that there will be only two wings on the 2,642 sq-m land. The plot also had a bungalow, which the builder demolished in 2008 to construct wing C.” Claiming ownership to the entire plot, residents opposed the move and also alleged that the builder had struck a deal with Vijay Developers for the construction of the new wing. “At that time, Shah had not only executed the conveyance deed or formed a housing society, he did not even take the consent of the owners of the existing flats before he started work on the new wing,” Ganatra said.
However, the developer told the court that the society could only claim ownership to the land occupied by A and B wings. Meanwhile, he had the right to construct on the remaining part to utilize the FSI available to him in exchange for the old bungalow’s demolition.
In January, 2010, the city civil and the high courts stayed the construction work of C wing but the SC vacated the stay, on a condition that Shah will give consent to the formation of a housing society with members of the Megh Building.
“The society was formed only after the matter reached the SC, which asked the builder to accommodate parking space for 39 cars and a recreation ground of not less than 331 sq m in the layout,” Ganatra said. “The SC judges said the builder could start work on the new wing at his own risk, as he would have to follow whatever order the trial court gives out.”
Now that the city civil court has ordered the demolition of the new wing, Shah has moved the HC and obtained a stay on the order.
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