Three decades after a building was constructed in a Mumbai suburb, the bid by its owner to convey the property to another firm to develop another part of the plot has come under the Bombay High Court’s scanner. In an interim order, Justice Roshan Dalvi restrained the developers from constructing on or redeveloping the plot except an area of 324sqm, which has two outhouses.
The judge also restrained the firm from creating any third-party rights on the property except allowing the existing tenants of the two outhouses to reside there. “(The firms) seek to put up construction far in excess of the area of the two old structures (outhouses).
They seek to utilise the FSI of the entire plot of land, which belongs to the society. They also seek to load TDR upon the new construction. This they cannot do. The society has rightly sought to restrain such construction,” the judge said.
The dispute relates to a plot of land in Bandra spread over 1,310sqm owned by Paresh Associates. In 1984, a building was constructed by demolishing an old structure. Another portion of the land, which had two outhouses with five tenants, did not opt for redevelopment.