Mumbai: The Bombay high court on Thursday stayed further demolition action initiated by the BMC against allegedly illegally extended areas in Rustomjee Crown after residents of the luxury residential project at Prabhadevi questioned the validity of the civic drive.
A batch of over 240 owners of 151 flats — some being joint owners — had filed a suit for over Rs 1,000 crore in damages against the developer, Real Gem Buildtech Pvt Ltd, the civic administration and others. Justice Sandeep Marne placed the matter for hearing on Sept 16 and restrained any further demolition action till then.
Residents represented by senior counsel, Janak Dwarkadas, said they have done nothing wrong and the limited common area in the foyer was for their “exclusive use” as assured by the developer in the plan. The BMC said action was “complete against 20 structures’’ and “further demolition was underway for others. “With a view to enable the court to consider the exact grievance of the (residents) and in view of the fact that flats are being occupied by the plaintiffs since the year 2021, the Municipal Corporation shall stay its hands qua demolitions in the buildings till the next date,” Justice Marne directed in its order. Dwarkadas, in his submissions, said the situation is that the builder has taken money from these flat purchasers to grant to them exclusive rights to certain areas in the foyer or the landing of their floor, such that the area attached to their flat could not be used by any other flat purchaser on that floor…’’
BMC opposed the grant of any protection to residents.