HC directs authorities to permit new developer for homeless SoBo tenants

MUMBAI: Forty-four tenants of a South Mumbai building, who gave up their premises in 2009 for redevelopment but were left stranded after the developer filed for bankruptcy and abandoned the project in 2013, will soon get their homes and shops back. The Bombay high court on Tuesday permitted them to appoint a new developer to take over the project.

The HC also directed the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Housing and Area Development Authority (MHADA) to process the application of the new developer for an NOC and revised plans expeditiously and ensure that the demolition of the earlier half-built structure and construction of the new building commenced soon.

The division bench of Justice Gautam Patel and Justice Neela Gokhale was hearing the suo motu writ petition taken up to protect the interests of tenants of a cessed building at Parekh Street in Girgaum. During the hearing, the bench was informed that the society formed by the tenants had identified a developer to undertake redevelopment work. However, the earlier half-constructed building had to be pulled down to enable the newly appointed developer to start the work afresh.

The bench was told that the developer’s architect had submitted a fresh proposal and that the requisite permissions were required from the authorities.

The 44 tenants had vacated their original premises way back in 2009, after which the original structure was demolished. However, the then developer, Orbit Corporation, abandoned the project in 2013. Thereafter, the project remained in limbo till the society decided to appoint a new developer. In the last hearing, the society informed the bench that it had identified Vardhman Group Realbuild LLP (VGRL) to undertake the redevelopment work.

Based on an order from the HC, the society/developer had applied to MHADA for an NOC. Thereafter, the HC permitted the society and VGRL to apply to the BMC for the requisite permissions. The HC had asked the BMC to remove the attachment over the premises for non–payment of property taxes, and to decide the application for permissions within six weeks.

On Tuesday, after MHADA informed the bench that the application for an NOC would be processed in three weeks, the bench noted that substantial progress had been made. It also observed that as the half-built structure had to be brought down, the BMC should accept the applications by the society or VGRL as per law without insisting on an NOC from the previous architect or developer.

In an earlier hearing, the HC had asked the Maharashtra Real Estate Regulatory Authority (MahaRERA) to assist in identifying, classifying and rating private developers so that housing societies could take an informed decision while choosing developers to redevelop cessed buildings

Advocate-General Birendra Saraf, representing the state, informed the bench that MahaRERA had issued a consultation paper for framework on grading real estate projects, and the paper had been put out in the public domain for suggestions and objections. The bench accepted the submission, said it would monitor the progress in the matter and posted a hearing after six weeks.