The Bombay High Court has stayed further demolition action initiated by the Brihanmumbai Municipal Corporation (BMC) against alleged unauthorised constructions at Rustomjee Crown, a residential complex in Prabhadevi, Mumbai.
In August, the BMC had issued notices to owners of 151 flats over alleged unauthorised construction, following which the civic body began demolition proceedings and carried out action against 20 allegedly unauthorised constructions before the court intervened, NDTV reported.
The bench noted that it must first examine the residents' original grievances and, taking into account that the petitioners have lived in these flats since 2021, directed the BMC to suspend further demolition activity until the next hearing.
The dispute centres on Rustomjee Crown's three towers, A, B and C, with Towers A and B comprising 53 storeys and four apartments per floor. The two towers have 372 apartment owners, and foyers are stated to exist in nearly 95% of the apartments.
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A suit challenging the BMC's demolition action against these foyers has been filed by 246 plaintiffs representing around 140 flat owners, seeking damages of Rs 1,000 crore.
Justice Sandeep Marne has directed the developer to file its response by September 17, while restraining the civic body from taking further action against the affected flats in the interim.
The Rustomjee Group has denied any violation, with a spokesperson stating that the construction was undertaken in accordance with plans sanctioned and approved by the competent authorities as per the 1991 Development Control Regulations, and that the project had received an occupation certificate.
The developer has maintained that it is cooperating with the civic authorities through the ongoing proceedings.
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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.
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