Mumbai: The Bombay High Court has refused to halt the redevelopment of the controversial Pratibha Tower at Breach Candy, allowing the Saidale Cooperative Housing Society to proceed with reconstruction as approved by its general body on June 14.
Pratibha Tower’s Notorious History
The 36-storey Pratibha Tower, whose construction began in 1984, became infamous for one of Mumbai’s earliest real estate scandals involving irregularities in floor space index (FSI) consumption.
Investigations revealed that the builder had allegedly overstated the plot area to obtain extra FSI, leading to unauthorised construction. Among the original flat purchasers were eminent personalities, including singers Lata Mangeshkar and Asha Bhosale, as well as several non-resident Indians and private companies, underscoring the project’s high profile.
Demolition and Decision to Redevelop
Following prolonged litigation, the Brihanmumbai Municipal Corporation (BMC) ordered the demolition of the top eight floors in 1989. Three decades later, in April 2019, the housing society resolved to redevelop the property, and the remaining structure was subsequently razed.
In March 2022, by a majority vote, the society appointed Crest Residency Pvt Ltd, a joint venture between RA Enterprises and Crest Venture Pvt Ltd, as the developer.
Court Rejects Challenge by Society Member
However, in June this year, society member Devyani Gulabsi challenged the redevelopment in court, questioning the developer’s appointment and seeking an injunction to restrain construction.
She alleged that Crest Residency was not the most capable developer as per sub-committee’s finding. Also, that the members had been denied fair area entitlements. Gulabsi argued that the additional 69,604.65 sq ft of built-up area obtained by the developer should be distributed among society members.
Justice Marne Denies Interim Relief
Justice Sandeep Marne rejected her plea for an interim injunction, noting that granting such relief would effectively stall the entire project. He observed that the redevelopment and appointment of the developer were decisions approved by the majority, and dissenting members could not obstruct their implementation. The court further noted that there was no evidence of fraud, misrepresentation, or statutory violations in the decision-making process.
Developer’s Role and Member Concerns Addressed
Regarding Crest Ventures’ role, the bench said Gulabsi and other members were aware of its participation in the joint venture. It also recorded that the developer had agreed to increase the carpet area of each flat from 3,450 sq ft to 3,600 sq ft, addressing the members’ concerns over area allocation.
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Damages Claim to Be Decided Later
As for Gulabsi’s damages claim, the court said it would be decided during final adjudication, adding that construction should not be delayed further as members had already waited nearly four decades for their homes.
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