No HC relief for Kharghar builder

Mumbai: A second attempt to stall the demolition of portions of the multi-storey tower, Green Heritage, at Kharghar proved futile on Monday with the Bombay high court refusing to stay its judgment dismissing the plea to regularize unauthorized flats and shops in the building. 

    Hearing a plea by Abhishek Builders, seeking time to approach the Supreme Court and explore options to regularize the building, a division bench of Justice Sharad Bobade and Justice Mridula Bhatkar gave the developer an option to stave off the demolition squad's hammer by submitting an undertaking to the court that the petitioners would voluntarily pull down the illegal portion of the building if the apex court rules against them. 
    However, R Soni, counsel for the developer, expressed inability to give such an undertaking as the possession of the flats had been handed over to third parties. The court subsequently dismissed the builder's application. 
    The top three floors of the 21-storey tower is facing demolition over unauthorized constructions, allegedly made by the developer. The building—a ground plus 21-storey structure—comprises four wings with two flats on each floor of each wing. As per the initial plans approved by Cidco, the developer was allowed to construct 97 residential flats, 20 shops and three floors of office space with six office units. 
    According to Cidco officials, the builder illegally extended the construction area of each floor horizontally by 1.5 metres, thus converting 2,300 square metres above the allowed floor space index into saleable space. This resulted in the construction of 160 residential flats, 38 shops and an extra floor of office space. 
    Cidco has refused to regularize the unauthorized construction by loadingFSI of adjoining plots. The high court last week upheld the Cidco order and refused to set aside the demolition notices. 
    On Monday, advocate Soni claimed that plans were afoot to buy land adjacent to the building so that the construction rights of that plot could be used to regularize the unauthorized construction in Green Heritage. The advocate also sought time to file an appeal in the Supreme Court. Cidco's lawyers sought an undertaking that the petitioner would voluntarily demolish the unauthorized portions in case they failed to get it regularized. When the court sought a response from the petitioner, the developer said they could not sign on such an undertaking. 
Residents of 'illegal' tower plan to move SC 
Navi Mumbai: The residents of Green Heritage are planning to move the Supreme Court to protect their property from demolition. While they are yet to confirm when they will move the SC, they said they have "become victims over violations committed by the builder, coupled by the ignorance on part of the Cidco officials". 
    "Though we respect the HC verdict in the case, we are disheartened as we stand to lose our flats which were purchased by our hard earned money," said a resident. 
    Resident G H Manas said: "Last week, an unnamed Cidco official had told TOI that the top floors of Green Heritage may be demolished. We protest against such sweeping statements and want to know which Cidco official said so." -Vijay Singh