Navi Mumbai building gets ‘illegal’ tag, 83 families to lose homes

High Court refuses to help flat and shop owners of Green Heritage building, says it will not direct planning authority to regularise illegal construction

More than 100 flat and shop owners in Navi Mumbai — who were denied occupancy certificates by local authorities — suffered another setback on Monday when the Bombay High Court refused to give them any reprieve. A division bench of Justices AM Khanwilkar and SS Shinde dismissed their petitions, saying the court would not use its special powers to regularise unauthorised constructions. 

    On April 9, City and Industrial Development Corporation (CIDCO), the planning authority for Navi Mumbai, refused to give the certificates to 83 flat and 18 shop owners at Green Heritage complex, Kharghar. Officials alleged that the builder had violated norms by developing more residential and commercial space than sanctioned. 
    The owners, however, claimed that they were not aware of the violations and had purchased the properties legally. An occupancy certificate is a document that confirms a building's compliance with construction codes and other laws, declaring it to be suitable for occupation. It is mandatory for all property buyers to obtain this clearance. 
    "Individual rights and interests are subservient to the concerns for public health and safety," the court said while hearing the owners' petitions that sought regularisation of the affected properties. "If they (property buyers) are carried away by the brochure and the public advertisements and do not make such inquiries, then they cannot turn around and seek assistance of the courts."
    Green Heritage, a project by Abhishek Builders and Developers, was given permission to create 97 flats, 20 commercial establishments, and a three-storey office building. The company, however, constructed 160 residential flats, 38 shops and a four-storey office building. The unauthorised constructions came to light during an inspection by CIDCO, which then turned down applications for occupancy certificates. 
    The affected owners told the court that CIDCO should not withhold the clearance as they had already secured approvals from the fire department and other civic agencies. 
    Justices Khanwilkar and Shinde, however, cited an earlier judgement: "Ultimately, if they purchase flats without bothering to make inquiries and seeking details of the construction at site, then they are themselves to blame." 
    They further noted: "In such cases, flat purchasers are aggrieved but their interest cannot override those of the public at large. When science and technology have advanced to a great extent and enactments such as Right to Information are in place, it is not unreasonable to expect flat purchasers to avail of the same and seek details of construction before booking flats." 
    The court added that there are laws for redressal of individual grievances. "However, they cannot seek a writ directing the planning authority to regularise illegal constructions. That makes a mockery of the law," it said.

CIDCO denied occupancy certificates to 83 flat and 18 shop owners at Green Heritage complex at Kharghar, Navi Mumbai, alleging that the builder had developed more commercial and residential space than permitted