HC clears Parel redevelopment, rejects residents’ plea in Mumbai

Written By Unknown on Sabtu, 14 Februari 2015 | 22.23

MUMBAI: The Bombay high court has cleared the decks for a mega-redevelopment project in Parel, refusing any relief for 111 families who were opposing it and now face eviction. A division bench of Chief Justice Mohit Shah and Justice Burgess Colabawalla dismissed the petitions filed by the residents, who had challenged the permissions for the project and Mhada's eviction notices.

"We are of the view that the petitioners, who are getting larger flats on ownership basis in lieu of their premises occupied as tenants and without paying any cost whatsoever for such redevelopment, are delaying implementation of the redevelopment project on the basis of contentions which are being raised after gross delay... in which we find no substance," said the judges.

The property, comprising two amalgamated plots known as Dr Vier's Wadi and Kale Wadi on G D Ambedkar Marg, Parel, is spread over 16,791 square metres. The project, signed in 2001, proposed rehabilitating around 410 tenants staying in 100 sqft flats into 300 sqft flats in new buildings on ownership basis. Since these were Mhada tenements, the developer also agreed to provide 200 tenements of 300 sqft each to the authority for free. Seven of the five buildings in the rehabilitation component have already been constructed. Around 260 families have moved into their new flats and another 39 are willing to shift.

The developers said in court they have spent over Rs 206 crore on the project and faced an interest burden of over Rs 22 crore per annum. The builders said the land occupied by the 111 families was earmarked for free-sale flats (to be sold in the open market).

The opposing residents claimed that the permissions granted for the project were illegal and it had not received clearance from the fire department. The HC said the residents could not be permitted to challenge permissions granted between 1997 and 2012 at a belated stage.

The residents also questioned the validity of the eviction notices issued by Mhada, but the HC rejected it. The court said that the mandatory conditions before Mhada issued eviction notices—70% consent of residents, NOCs and transit accommodation arranged by the builder—were fulfilled in the case.

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