Rustomjee Group has said there has been no violation or non-compliance on its part in connection with Rustomjee Crown, after residents of the luxury residential project in Mumbai's Prabhadevi moved the Bombay High Court challenging the demolition of foyer areas in their apartments by the Brihanmumbai Municipal Corporation (BMC).
In a statement, a company spokesperson said Rustomjee Crown was developed and constructed in accordance with sanctioned plans and approvals granted by the competent authorities and in compliance with applicable laws and regulations. The company said it had recently been served with a copy of the suit instituted against certain parties in relation to matters concerning the project and was examining its contents while obtaining appropriate legal advice.
“Rustomjee is clear that there has been no violation or non-compliance on its part. The proceedings, at first impression, appear to be misconceived and are being examined accordingly,” the spokesperson said.
Rustomjee said it would refrain from commenting on the merits of the allegations as the matter is now before the appropriate legal forum. The company, however, said it had “complete confidence” in the legality, approvals and compliance of Rustomjee Crown and would take all necessary steps to protect the interests and rights of the company and its stakeholders.
Residents Move Bombay High Court
Residents of Rustomjee Crown have approached the Bombay High Court following the BMC's demolition of foyer areas in apartments at the project on August 2, according to a report by HT. The municipal action is scheduled to continue for a month, according to the residents. Around 140 flat owners, represented by 246 plaintiffs, are challenging the BMC action and have questioned how hundreds of homeowners could have independently committed the same alleged municipal violation when the spaces were sold, documented and fitted out as part of their homes by the developer.
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Rustomjee Crown comprises three high-rise towers, Towers A, B and C, offering three-, four- and five-bedroom apartments. Towers A and B are both 53-storey buildings and together have 372 apartment owners. Residents have claimed that the foyer configuration exists in nearly 95% of the apartments in Towers A and B.
BMC Notices And Demolitions
The BMC has issued notices to the first batch of 186 flats and has already demolished eight foyers in five-bedroom apartments, according to residents. The four-bedroom apartments, measuring around 2,000 sq ft, have foyers of approximately 180-185 sq ft. The five-bedroom apartments, which measure around 2,800-3,000 sq ft, have foyer areas of nearly 550 sq ft.
The residents maintain that they did not encroach upon the foyer spaces. According to their claims, the areas were presented by the developer as exclusive spaces attached to individual apartments. They have also alleged that the foyer areas appeared in Rustomjee's marketing material and apartment plans, were separately reflected in costing documents and were incorporated into registered sale agreements.
Rustomjee, meanwhile, has maintained that the project was developed in accordance with sanctioned plans and approvals and that it remains confident of its regulatory compliance.
“Rustomjee remains committed to transparency, regulatory compliance and the highest standards of corporate governance,” the company spokesperson said.
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