The Bombay High Court on Tuesday told a developer, which is developing an SRA project in suburban Khar and has encroached upon an adjacent plot reserved for a playground, that it (the project) may meet the same fate as that of Supertech’s twin towers in Noida that were demolished.
A division bench of Chief Justice Dipankar Datta and Justice MS Karnik made the remark while hearing a public interest litigation (PIL) alleging that the developer – Integrated Realty Project – had encroached on the adjacent plot which was reserved for a playground (PG).
Despite a stay order from the Supreme Court in 1995, the developer went ahead with the construction.
Last week, the HC directed an architect to visit the plot next to St. Elias High School and submit a report, observing that it was necessary to obtain a report from an independent agency to "arrive at a just decision".
The architect submitted his report to the court on Tuesday in a sealed cover.
However, the advocate appearing for the developer urged the court to vacate the stay on construction till demarcation of the land was completed.
Refusing to vacate the stay on construction, CJ Datta said, "Let's wait. You may face a fate like Supertech. "
On August 28, the Supertech's twin towers located in Noida near New Delhi were demolished via controlled implosion using 3,700 kilogrammes of explosives following directives from the Supreme Court. It was held that the twin towers-Apex (32 storeys) and Ceyane (29 storeys)–taller than the Qutub Minar–were illegally built. The real estate company paid for the demolition, which cost about Rs 20 crore.
On April 23, 1995, the Supreme Court stayed construction on the 6,000 sqm plot since it was reserved as recreational ground (RG) or playground (PG) in the Revised Development Plan of 1992. Despite the stay order, the Slum Rehabilitation Authority (SRA) permitted the developer—Integrated Realty Project—to construct on the plot.
The HC was informed of this on November 29 and the court stayed further construction on the plot.
Last week, the HC was informed that construction was still on.
The Slum Rehabilitation Authority (SRA) submitted a communication dated August 17 stating that, as per a joint demarcation by Brihanmumbai Municipal Corporation (BMC) and the collector, the boundaries have changed and the plot for the playground is reduced to 5255 sq m.
The court then noted that, in view of rival claims, it was necessary to ascertain the area of the vacant land which was to be kept as PG and called for a report from an architect.
The HC has kept the matter for hearing on September 20.
