Bombay HC Restrains 'The Imperial Towers’ Developer From Construction Beyond 2009 Approved Plan; Bars Changes To Existing Towers Without Consent

Mumbai, November 12: In temporary relief to flat owners of The Imperial twin towers in Tardeo, the Bombay High Court has restrained the developer from carrying out any construction beyond the sanctioned and “last disclosed” layout plan of December 2009. The restriction applies to the entire layout as well as Towers A and B.

Residents Allege Illegal Expansion Plans

The residents approached the court alleging that SD Corporation Pvt Ltd, the developer, was trying to add new towers and extra flats in existing buildings in violation of the approved plan.

Court Observes Architectural and Historical Significance

Justice Sandeep Marne, on Tuesday, while deciding an interim plea filed by Rajkumar Gulati and others, noted that “apart from being notably crowned with spires and glass enclosures as key architectural features, ‘The Imperial’ also wore the crown of being India’s tallest building for a few years in the past.”

Court Highlights Irony Behind Project’s Origin

The court pointed out the irony that “the ultra-luxurious twin towers, which house affluent residents, is a product of incentive offered to the developer for rehabilitation of poor slum dwellers on the encroached land”.

Developer Permitted To Sell Flats For Slum Rehabilitation

The court said the developer was permitted to sell some flats to recover the cost of constructing tenements for slum dwellers. “The swanky skyscrapers of ‘The Imperial’ have thus emerged by utilisation of incentives received towards rehabilitation of slum dwellers while implementing a slum scheme,” the order stated.

Incomplete Project and Unplanned Tower Construction

The project was originally planned as three towers. The developer completed only Towers A and B by 2014 but kept the slum scheme incomplete for over 25 years. Instead, it built a fourth unplanned tower, Imperial Edge, while keeping details of the third planned tower undisclosed, the court noted in a detailed 170-page judgment.

Court Notes Developer Benefited From FSI Changes

Justice Marne noted that keeping the project pending for years and changes in FSI norms had “resulted in a bonanza for the developer, who is now armed with such massive sanctioned sale component that it is finding it difficult to consume the same in entirety in the third planned tower.”

Developer’s Plans For Fifth Tower And Additional Flats

The court observed that the developer now proposed to build a fifth tower called Town House and add flats in the existing twin towers by using extra FSI. It held that the residents had made out a “strong prima facie case for grant of injunction to restrain defendants from constructing Tower-C building by exceeding the sale component Built-Up Area of 38,581.64 sq. m.”

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Court Restrains Any Structural Changes Without Consent

The HC said no new changes could be made to Towers A and B without the consent of flat owners and that Town House could not be attached to any of the existing buildings. Justice Marne said the flat owners would “suffer irreparable loss” without protection, while “no serious loss or prejudice would be caused to the defendants.”

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