[ad_1]
In a relief to eligible tenants deprived of redeveloped premises for a decade in a cessed property of South Mumbai’s Girgaon, the Bombay High Court on Tuesday directed the authorities concerned to process their applications for NOC and revised plans in time-bound manner as per law.
The HC also directed the Maharashtra Housing and Area Development Authority (MHADA) and Brihanmumbai Municipal Corporation (BMC) and other authorities to ensure the demolition of the half-built structure and construction of a new redeveloped building begin soon.
A division bench of Justice Gautam S Patel and Justice Neela K Gokhale was hearing a suo motu writ plea it had initiated to protect interest of tenants. It also heard a plea by Upkar Singh Lalsingh Kochhar, a tenant seeking reliefs, pertaining to a commercial premise at Ratilal Mansion in Girgaon’s Parekh Street.
The said building had 44 tenants occupying residential and commercial premises, who vacated their original homes and moved into transit accommodations in 2009, after the original structure was demolished, and the developer Orbit Corporation, who ran into losses, could not continue the project after 2013.
On April 4, the society concerned had informed the bench that it had taken a decision and identified Vardhman Group Realbuild LLP (VGRL) to undertake its redevelopment.
The court had also asked MHADA to consider an application by society or the developer for NOC in favour of VGRL within four weeks of it being made.
Thereafter, the court said the society and developer can apply to BMC for all necessary permissions, NOCs, commencement certificates, sanction of fresh and revised plans etc, which shall be decided within six weeks of applications being made.
It had also said the BMC may consider society’s plea for reduction or waiver of property tax arrears and vacating attachment on property levied by BMC for recovery of dues. “Since the project has been stalled for a very long time, MHADA and BMC must endeavour to adhere to these time-lines,” the bench had said.
On Tuesday, the bench observed that “substantial progress seems to have been made”.
The MHADA told the bench that the application for NOC submitted by the architect appointed by the society will be processed in three weeks.
The bench noted the proposal by the developer that the half-built structure will be brought down and society through its new architect will apply for revised plan to BMC, which will accept it as per law without insisting on NOC from previous architect or developer.
On February 3, the bench had sought to know from the MHADA as to how it would proceed in “pipeline cases” where re-development projects of cessed buildings have been halted due to a defaulting developer.
It had also sought to know whether MahaRERA can assist to identify, classify and rate private developers to enable an informed decision while choosing developers for redevelopment of cessed buildings.
Advocate General Birendra Saraf, representing the Maharashtra government, said that MahaRERA has issued a consultation paper for framework on grading real estate projects and the same has been put out in public domain for suggestions and objections.
The court took the consultation on record. The court also said it will monitor the progress in the matter after six weeks.
[ad_2]
