Bombay High Court Allows Redevelopment Of Pratibha Tower, Rejects Plea To Stall Construction

October 25, 2025: The Bombay High Court has declined to halt the redevelopment of the infamous Pratibha Tower in South Mumbai’s Breach Candy area, allowing the Saidale Cooperative Housing Society to move ahead with the project as approved by its general body on June 14.

Pratibha Tower, originally a 36-storey structure whose construction began in 1984, became one of Mumbai’s earliest real estate scandals after allegations surfaced of irregularities in floor space index (FSI) calculations. The builder had allegedly inflated the plot size, leading to unauthorized construction. The building’s high-profile buyers included singers Lata Mangeshkar and Asha Bhosale, non-resident Indians, and private firms, making the case widely discussed.

Following years of litigation, the Brihanmumbai Municipal Corporation (BMC) ordered the demolition of the top eight floors in 1989. In 2019, the society decided to redevelop the property, and in March 2022, appointed Crest Residency Pvt Ltd—a joint venture between RA Enterprises and Crest Ventures Pvt Ltd—as the developer.

Society member Devyani Gulabsi filed a suit in June 2025 opposing the redevelopment, alleging that Crest Residency had “parachuted” into the project and that members were not granted fair area entitlements. She also claimed that an additional 69,604.65 sq ft of built-up area should be distributed among members.

Justice Sandeep Marne rejected her plea for an interim injunction, noting that granting it “would virtually mean stalling the construction” of the project. The court held that the redevelopment was approved by a majority and found no evidence of fraud, misrepresentation, or statutory violation.

The bench also observed that the developer had agreed to increase each member’s carpet area by 150 sq ft, from 3,450 to 3,600 sq ft. On Gulabsi’s Rs 100 crore damages claim, the court said it would be examined later, adding, “The members of the society have been waiting for flats for the last four decades, and it would not be prudent to delay the project any further.”

Source: Hindustan Times

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