Partial relief for developer in affordable housing dispute

Q: A bench of Justice passed the orders on two applications made this August by the Hiranandani group companies for permission to register the agreements under the Maharashtra Ownership of Flats Act and sell unsold houses.

Aneek Das,

30th October 2015

Legal in Mumbai

affordable housing

mmrda

hiranandani group

maharashtra ownership of flats act

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Replies (3)

Yes, the court found his document to be completely misconceived and held back saying that no reduction in area was called for. The HC had directed construction of 51511 flats of 40 sq-m and 1593 flats of 80 sq-m, but the builder wanted the order to be modified and the figures reduced to 1060 flats of each size.

Veena K,

1st November 2015

Comment

But it came to know that in 1986 tripartite agreement made between the developer, MMRDA and the state government, which had given him the land to construct but required small flats for middle-income families to be constructed on the Powai plot. As per the court, It was not meant to be a liberality to the company.

Dwarkesh,

30th October 2015

Comment

Yes, but again in February 2012, the High Court had blocked all further construction, except for building of 3000 small-sized flats as required under the deal.

The PIL petitioner, Rajendra Thacker, and MMRDA strongly against the developer's applications. The developer told that he had begun construction of 7-buildings for these small-sized flats, but the HC found that not a single small flat was completed.

Kishore Pathak, Mumbai

30th October 2015

The court rejected the developer's dispute that area to be constructed for 40 and 80 sq-m was reduced by 15% taking into consideration the existing commercial construction, which in turn ought to have translated into reduction in number of flats to be constructed.

Suresh,

31st October 2015

In its judgement, Bombay High Court allowed the Hiranandani to sell 207 large unsold flats built before 2008 and register deals for 22 homes already sold in Powai. However, it did not allow the developer to reduce by 880, the 3000 small 40 sq-m and 80 sq-m flats that the court had in 2012 directed him to construct for middle-income groups.

Dwarkesh,

30th October 2015

Comment

In the beginning of the case in December 2008, while hearing a PIL filed against the Hiranandani project in Powai for violations to a tripartite agreement, the HC had allowed construction of flats to go on, but barred him from selling amalgamated flats.

Bikram, Mumbai

30th October 2015