Around 140 apartment owners at Mumbai’s Rustomjee Crown, represented by 246 plaintiffs, have approached the court challenging the Brihanmumbai Municipal Corporation’s (BMC) action against foyer spaces in the luxury residential complex. The civic action began on August 24 and is expected to continue for a month.
Rustomjee Crown consists of three high-rise towers — A, B and C — offering three-, four- and five-bedroom apartments. Towers A and B are each 53 storeys high and together house 372 apartment owners, with foyers present in nearly 95% of the homes.
The BMC has issued notices to the first batch of 186 apartments and has already demolished eight foyers in five-bedroom flats. Residents said four-bedroom apartments of around 2,000 sq ft typically have foyers measuring 180-185 sq ft, while five-bedroom homes ranging from 2,800 to 3,000 sq ft have foyers of nearly 550 sq ft.
Residents maintain that these spaces were not unauthorised encroachments but were marketed by the developer as private areas attached to individual apartments. They said the foyers appeared in promotional material, apartment plans and costing documents and were also included in their registered sale agreements.
According to residents, the documents separately identify the apartment and private foyer, with the net usable area calculated by combining both. They claim that the purchase price, stamp duty and registration charges were paid on the combined area.
A Tower A resident alleged that the sanctioned plan attached to her registered agreement differed from a later plan submitted by the developer to the BMC. “We have been duped by the builder,” she said.
Residents have also cited physical features to support their claim that the foyers are private. They said the foyer flooring matches that inside their apartments, while the common lobby has different flooring. The spaces are accessed through doors leading directly into the flats, their air-conditioning is connected to individual apartment systems and residents pay the related electricity charges.
They also pointed to costing sheets that separately mention RERA carpet area, foyer area and net usable area before determining the apartment price.
Residents further said the BMC had inspected Towers A and B before issuing occupation certificates in 2025 and did not raise objections to the foyers at that stage. According to them, the issue emerged when the developer sought an occupation certificate for Tower C, after the BMC questioned alleged excess FSI consumption linked to the foyer spaces.
They also claimed that residents were asked to authorise Rustomjee representatives to deal with the BMC. “When the first notice was issued, the builder assured us it would be sorted out with the BMC. Every flat owner then issued a letter of authority on behalf of the developer. Thereafter, further notices were collected by the developer from the BMC without informing residents,” they said.
Rustomjee Group said the Prabhadevi project was developed in accordance with sanctioned plans, approvals and applicable laws.
“We have just been served with a copy of the suit instituted against certain parties in relation to matters concerning the project. The contents of the suit are presently being examined, and Rustomjee is obtaining appropriate legal advice in relation thereto,” the company spokesperson said.
“Rustomjee is clear that there has been no violation or non-compliance on its part. The proceedings, at first impression, appear to be misconceived and are being examined accordingly,” the spokesperson said.
Since the matter is before the court, the company said it could not comment on the allegations. “We have complete confidence in the legality, approvals and compliance of Rustomjee Crown and will take all necessary steps to protect the interests and rights of the company and its stakeholders,” the spokesperson said.
Source: Hindustan Times
