Hc Directs Mhada, Bmc Not To Delay Nod For Redevpt Of Dilapidated Girgaum Bldg, ET RealEstate
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MUMBAI: The Bombay high court on Thursday directed Mhada and BMC not to delay permissions for the redevelopment of a dilapidated building in Girgaum where construction has been halted for a decade.
Justices Gautam Patel and Neela Gokhale heard a petition regarding Ratilal Mansion CHS, a cessed building at Prarthana Samaj, whose 44 members are out of their homes since 2009. They had not received transit rents since 2013. Construction had stopped after developer Orbit Corporation Ltd went into liquidation.
At site, is a ground plus 9 upper floors incomplete structure. In April the judges set a broad timeline for the society/new developer Vardhaman Group Realbuild LLP to apply and for Mhada to issue NOC and BMC to sanction the plan and issue commencement certificate.
On Tuesday the society’s advocates Hiral Thakkar and Vvirral Shukla informed that the developer has submitted a proposal to pull down the existing structure. Mhada’s advocate P G Lad said it will require permission. The judges gave Mhada 3 weeks to grant NOC. “Don’t delay NOC,” said Justice Patel.
Senior advocate Anil Sakhare, for BMC said the society has paid property tax till March. The judges directed that after Mhada issues NOC, BMC will accept the revised plan and not insist on NOC from the previous developer. Noting that “substantial progress seems to have been made” , they posted the hearing after 6 weeks.
In January, the HC took suo motu notice of the condition of “societies like Ratilal Mansion.” In February, the HC had asked Maharashtra Real Estate Regulatory Authority if it has a developer database and a rating system. Advocate general Birendra Saraf informed that MahaRERA “has come out with a consolidated paper for grading of real estate promoters and has invited inputs from all stakeholders.”
Lad said it is necessary as a large number of projects are stalled and guidelines are required to be framed. The judges said they will consolidate Mhada’s record of incomplete projects. “There are too many interrupted developments in the city. Everyone is suffering,’’ said Justice Patel. He also said it is also due to “illicit dealings’’ in Mhada, adding: “We’ll bring down the hammer on them.”