Mumbai: Govandi Housing Society Moves Bombay HC Against Developer Tridhaatu Ventures Over Redevelopment Delays

Mumbai: Govandi Housing Society Moves Bombay HC Against Developer Tridhaatu Ventures Over Redevelopment Delays

A petition was filed by Sri Swati CHS Limited seeking restraint on the developer Tridhaatu Ventures LLP from handing over possession of flats in the free-sale buildings before providing them with their rightful flats in the redeveloped building.

Urvi MahajaniUpdated: Sunday, June 16, 2024, 05:37 PM IST
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Mumbai: Govandi Housing Society Moves Bombay HC Against Developer Tridhaatu Ventures Over Redevelopment Delays | File Photo

Mumbai: More than 15 years after the development agreement (DA) was signed and the builder failed to hand over redeveloped flats, a housing society from Govandi has knocked the doors of the Bombay High Court.

A petition was filed by Sri Swati CHS Limited seeking restraint on the developer Tridhaatu Ventures LLP from handing over possession of flats in the free-sale buildings before providing them with their rightful flats in the redeveloped building. The plea has also added the Brihanmumbai Municipal Corporation (BMC) and the executive engineer of the building proposal department, BMC, as respondents to the criminal arbitration petition.

On December 30, 2009, a DA was signed between the society, its members and the developer for redevelopment of the society’s premises. Plan was to construct four multi-storey buildings, of which two buildings would be for existing members who elect to retain the flats in the new buildings. The other two buildings would be for free sale.

It was agreed that the construction would be completed within 30 months from signing of the DA, which is on or before June 30, 2012. Or within 24 months from grant of IOD/ CC, which is before July 8, 2012. If the construction was not completed, then the developer would pay Rs 2,000 per day to the members as Compensation to Temporary Alternate Accommodation (CTAA). The redevelopment commenced in July 2010 after obtaining permissions from the BMC.

Even after all these years, only 35% construction of their building has been carried out. As against this, more than 75% work has progressed in the free sale building, and possessions also given to people, the plea alleged. As per the DA, the developer has to handover original residents their flats before the free sale flats.

The petitioner’s advocates – Siddharth S, S Vardhan, TN Tripathi and Kalyani Wagale – contended that it accessed the BMC website and found that the developer had submitted revised plans wherein it proposes to convert the Podium into habitable floors including commercial premises therein. Construction of commercial premises is against the DA and also the podium area was originally to be kept for parking and other amenities.

Hence, the society held a special general meeting on April 13 in which it was decided to invoke an arbitration clause in the DA. By delaying the project, the developer took advantage of the increased FSI which changed / increased from 2012 and 2018 and migration from DCR 1991 to DCPR 2034, without passing the benefits to the society members.

The plea seeks to restrain the developer from giving possession of the free sale building before they are given their premises. It also seeks that the BMC be directed not to give Commencement Certificate for the free sale buildings.

lso the developer should be directed to deposit Rs 14.19 crore towards arrears. The developer has failed to pay the corpus/additional corpus/hardship compensation as agreed in DA, which is over Rs 4.63 core. And Rs 86.08 lakh for delay on completion of project, the plea claims.

However, the developer’s advocates Saket Mone and Shrey Shah submitted that they are “desirous to place on record documents, which according to him are suppressed by the Petitioner”. Justice Bharati Dangre asked the developer to file “affidavit alongwith necessary documents which he wants to rely upon” and kept the matter for hearing on July 9.

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