Rosedale complex in New Town
The only valid sanction plan in respect of the retail and residential areas is dated April 26, 2011,” the bench held. The division bench stated that the agreement spelled out residential projects on the bulk plot and held that all construction should therefore be “in harmony with a housing residential project. The commercial hubs were therefore conceptualised as common facilities for the residents…The retail/commercial facilities thereat are in aid of the residential project.
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Kolkata: Calcutta High Court on Monday held that Rosedale Plaza (RP) is “not independent” from the residential units of Rosedale Garden Apartment, and directed New Town Kolkata Development Authority (NKDA) to demolish construction by the plaza outside the 18,218 sqft purchased by them and the fencing separating the residential complex from commercial area. “By virtue of this order, the apartment owners will get back the common area which was forcefully occupied by the plaza owner,” Rosedale Garden Apartment Owners Association counsel Srijib Chakraborty said. Rosedale Garden Apartment Owners Association had approached the division bench of Justice Rajasekhar Mantha and Justice Anuj Singh against the single-judge order, which did not order any demolition, and upheld the Hidco’s approval over NKDA’s. “The Rosedale Garden and Plaza are a part and parcel of a singular residential housing project. “The phrase ‘commercial hub’ is preceded by terms ‘better enjoyment,’ ‘other entertainments,’ and ‘common facilities’. They are not independent of the residential units,” the bench held. Download the TOI App.
Rosedale Plaza’s counsel has submitted before the single judge that the unit was commercial and distinct from the residential part, and before the division bench it was argued that “the commercial part of the plot was a single unit with that of Rosedale Garden.