The Bombay High Court has halted further demolition action by the Brihanmumbai Municipal Corporation (BMC) against alleged unauthorised constructions at Rustomjee Crown in Prabhadevi, Mumbai, providing interim relief to affected residents.
The civic body had issued notices in August to owners of 151 flats over alleged construction violations and subsequently began demolition proceedings. According to NDTV, the BMC had carried out action against 20 allegedly unauthorised constructions before the High Court intervened.
The court observed that it first needed to examine the residents’ original grievances. Taking note of the fact that the petitioners had been residing in the apartments since 2021, the bench directed the civic authorities to suspend further demolition until the matter is heard again.
Justice Sandeep Marne has directed the developer to submit its response by Septebmber 17 and restrained the BMC from carrying out further demolition at the affected flats in the interim.
Dispute Over Foyer Spaces
The matter concerns Rustomjee Crown’s three residential towers — A, B and C. Towers A and B are each 53 storeys high, with four apartments on every floor, together accounting for 372 apartment owners. Residents have stated that foyer spaces are present in nearly 95% of the apartments in the two towers.
A separate suit challenging the BMC’s demolition action has been filed by 246 plaintiffs representing around 140 flat owners, with the petition seeking damages of ₹1,000 crore.
The residents have disputed the civic body’s contention regarding the foyer areas and have approached the court seeking protection against further demolition.
Rustomjee Denies Any Violation
The Rustomjee Group has rejected allegations of non-compliance, maintaining that the project was developed in accordance with plans sanctioned by the competent authorities and applicable regulations.
The developer said Rustomjee Crown was constructed under the 1991 Development Control Regulations and had received an occupation certificate. It also stated that it is cooperating with the civic authorities while the legal proceedings continue.
The company said it had recently received a copy of the suit filed against various parties and was reviewing the allegations while seeking legal advice.
“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.
The High Court’s interim order means that no further demolition action can be undertaken against the affected flats until the next hearing, while the court examines the competing claims of residents, the civic administration and the developer.
Source: NDTV Profit
