MUMBAI: Five cooperative housing societies in Thane have filed a petition with the Bombay High Court, accusing the local builder, Rajshila Construction LLP, of unlawfully utilizing their floor space index (FSI) to construct new high-rise towers on land that is already developed and occupied.
The petition, submitted by the Prestige Garden A-1, Prestige Garden A-2, Harmony, Ambience, and Prestige Garden B-1 & B-2 Cooperative Housing Societies, asserts that Rajshila Construction has misappropriated their property rights, while the Thane Municipal Corporation (TMC) improperly approved the developer’s plans for new projects.
Rajshila Construction, founded in 2020 and registered under MahaRERA for a project on Almeida Road in Thane, partnered with the House of Hiranandani for this initiative. Mumbai Mirror reached out to the House of Hiranandani for comment; however, they did not respond even after a week.
The petitioners claim the contested land—Final Plot Nos 410 and 412 at Panchpakhadi, Thane (West)—was fully developed around ten years ago, with a total buildable area of 16,117.26 square meters, which had already been utilized for constructing the existing buildings and row houses for the societies.
In 2022, they allege, Rajshila Construction submitted a new development proposal to the TMC, including an adjacent industrial plot of 7,622.70 square meters as part of the residential layout. By merging plots and leveraging increased FSI under the 2020 Urban Development Control and Promotion Regulations (UDCPR), the builder supposedly claimed a built-up area exceeding 32,000 square meters—nearly double the original allowance.
The project is reportedly being developed on the same survey numbers as those of the occupied societies.
The petition states, “The builder used the societies’ FSI without our consent or any notification. This is an outright violation of our redevelopment rights.”
The societies further criticized the TMC for acting “carelessly and arbitrarily” by granting approval to the builder’s plans in November 2023 without confirming whether the existing housing societies had consented. They are asking the High Court to annul the approval, instruct the TMC to issue a stop-work notice, and require the civic body to reveal all plans and documents submitted by Rajshila Construction. Residents report that they discovered the alleged misuse in March 2025 during proceedings before the deputy district registrar, when documents showed the builder had already secured TMC approval for redeveloping parts of the same land.
DDR officer Kishor Mande stated, “We have adhered to court orders and will continue to comply with all directives as per court guidelines.” Nirmal Kedia of Rajshila Construction called the allegations baseless but declined further comment due to the ongoing legal matter.
“For years, we have lived in fear that illegal constructions are overshadowing our hard-earned homes, which were never included in the original approved plans,” said Sandip Patil, a resident of Prestige Garden Society. “The developer exhausted the entire permissible FSI in 2011, yet new approvals were granted without consulting or informing the societies that legally own the land. We’ve reached out to every authority, from the Town Planning Department to the TMC, but have seen no transparency, hearings, or accountability. It is disheartening to witness how citizens’ rights and court orders are disregarded while developers proceed unchecked,” he added.
