MUMBAI: In a significant legal dispute, the Bombay High Court issued an interim ruling on Tuesday, preventing developer S D Corporation from making any changes to the 60-storey twin towers known as ‘The Imperial’ in Tardeo.
A group of 48 residents from Towers A and B took legal action against the developer for attempting to construct additional buildings and flats, which they argued violated a 2009 building plan previously presented to them.
On Tuesday, the High Court prohibited any alterations without the residents’ consent. The court expressed that the developer’s intention to construct further, utilizing a substantial sale component of 1,91,625 sq m, appeared to be an attempt to capitalize on delays concerning a slum rehabilitation scheme. These luxury towers arose as part of a Slum Rehabilitation Scheme in Tardeo’s MP Mill Compound.
The case was presided over by Justice Sandeep Marne, who delivered a comprehensive 170-page judgment. The judge determined that the builder could not exploit increased buildable area due to fluctuations in slum dweller eligibility, thus breaching earlier commitments to flat purchasers under the Maharashtra Ownership of Flats Act (MOFA). The court specified that all sales would hinge on the suit’s outcome and mandated that complete disclosure be made by the builder.
The slum scheme was approved in 2002, with the last update for buyers occurring in a revised 2009 plan, which included provisions for two 60-storey towers and space for a third tower with 38,500 sq m of buildable area. The High Court indicated that at this point, the area for the third tower could not exceed this limit.
The developer had claimed an increase in Floor Space Index (FSI) to 4.21 for the slum scheme under the new Development Control Regulations (DCR) 2034. However, the court rejected the developer’s request to appoint a court receiver for certain facilities. Upholding arguments presented by senior counsel Pravin Samdani, Prateek Seksaria, and advocate Abhishek Salian on behalf of apartment owners, the court affirmed that the original FSI of less than 3 established in 2009 should remain applicable for the three towers, emphasizing that any construction contrary to the 2009 disclosure is impermissible.
After deliberating on the developer’s plea, the High Court declined to stay its order regarding the limitations on constructing Tower C, noting that construction has yet to commence.
