Mumbai: In a relief for residents of a building on St Michael Church property at Mahim, the Bombay high court has directed the trial court to decide afresh whether a builder should be restrained from carrying out construction of a multi-storeyed tower on plots reserved for three gardens.
Justice R M Savant heard an appeal by members of Our Lady of Vailankanni and Perpetual Succour Housing Society against the dismissal of its application against Suraj Estate Developers by the City Civil Court. The high court disagreed with the trial court that the plot was a Mhada property and provisions of Maharashtra Ownership of Flats Act did not apply to it.
The judge, said that in the instant case, it cannot be said that the property belongs to or is vested in the housing authority which is a pre-requisite for provisions of the Mhada Act to be applied.
“Merely because the redevelopment is in respect of structures which are amenable to cess which a private landlord is required to pay to the municipal corporation, it would not mean that the properties either vest in or belong to the Mhada,” said Justice Savant, while ruling that the trial court’s order that Mhada Act is applicable on the plot is unsustainable. The trial court is directed to decide the issue within six weeks and also look into what will be the effect on the redevelopment vis-a-vis the obligations under MOFA.
The residents had moved the trial court for directing the church, the owner of the land on which the building stands, to execute a deed of conveyance in favour of the Society. It was in this matter, the residents sought an interim restraint on the builder, The Times of India reported.
They argued that a clause in the agreement between Suraj and the flat purchasers provides that it shall be subject to the provisions of MOFA.
Also, that the developer cannot construct without the consent of the Society. But the trial court dismissed their plea saying development is being carried out in terms of the modified DCR 33/7 and Mhada’s no objection certificate has been obtained as 12 cessed structures and Quinny House are to be rehoused free of cost. Therefore provisions of MOFA will not be applicable, it had ruled.