Mumbai: The Bombay high court on Thursday stayed further demolition action initiated by the BMC against allegedly illegally extended areas in Rustomjee Crown after residents of the luxury residential project at Prabhadevi questioned the validity of the civic drive.A batch of over 240 owners of 151 flats — some being joint owners — had filed a suit for over Rs 1,000 crore in damages against the developer, Real Gem Buildtech Pvt Ltd, the civic administration and others. Residents represented by senior counsel, Janak Dwarkadas, said they have done nothing wrong and the limited common area in the foyer was for their “exclusive use” as assured by the developer in the plan.The builder had also placed a clause in the agreement that said the flat purchasers cannot enclose such area though. In April and May, the BMC issued notices alleging illegal additions to flats and on Aug 19 followed it with a notice to inform occupiers and developer of A and B towers that its officials would visit on Aug 24 to inspect the flats “for measurement and photography’’. But on Aug 24, the BMC officials showed up “early morning’’ “ostensibly to inspect and directly commenced demolition of the walls and doors providing exclusivity to the foyer areas’’. The demolition began “without any independent notice of demolition’’ the suit said.Senior counsel Virag Tulzapurkar for the developer said the suit filed on Sept 2 was just served and sought time as did the counsel Sunil Khandagale for the BMC, to take instructions and file preliminary affidavits to oppose grant of ad-interim relief.The BMC said action was “complete against 20 structures’’ and “further demolition was underway for others. BMC opposed the grant of any protection to residents.Justice Sandeep Marne placed the matter for hearing on Sept 16 and restrained any further demolition action till then. “With a view to enable the court to consider the exact grievance of the (residents) and in view of the fact that flats are being occupied by the plaintiffs since the year 2021, the Municipal Corporation shall stay its hands qua demolitions in the buildings till the next date,” Justice Marne directed in its order.Dwarkadas, in his submissions, said the situation is that the builder has taken money from these flat purchasers to grant to them exclusive rights to certain areas in the foyer or the landing of their floor, such that the area attached to their flat could not be used by any other flat purchaser on that floor…’’There were four flats per floor. The two 65-storey towers have an occupancy certificate in around 2023-24; after submitting such plans, he submitted.The Developer, Rustomjee group, in a statement through its 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.
