The Bombay high court on Wednesday passed an order restricting Hiranandani Developers from developing Powai’s plush Hiranandani complex any further without the prior sanction of the court. The HC has also asked the developer not to amalgamate smaller 40 sq m and 80 sq m flats into bigger flats while constructing the required number of flats for economically weaker sections without the HC’s nod.
The court also asked the MMRDA, the petitioners and the developer to prepare a statement of all the buildings and structures developed by Hiranandani under the Powai area development scheme (ADS), along with their names and descriptions of the flats within four weeks. The MMRDA has also been asked to prepare a plan showing the vacant plots in where buildings can be constructed. The order came one petitions and PILs filed by activists Rajendra Thacker and Medha Patkar since 2008. The petitioners had alleged that Hiranandani Developers, which had entered into a tripartite agreement with the MMRDA and state, did not abide by the terms and conditions of the agreement.
According to the agreement signed on November 19, 1986 regarding 230 acres of land in Powai and Tirandaz villages, Hiranandani would develop an area of 7,38,605.29 to build flats admeasuring 40 sq m and 80 sq m lower-income groups and was to give 15% of the flats to government employees. The petitioner pointed out that the developer amalgamated smaller flats to rich buyers paying hard cash.
In its order, the HC has not only asked the developer not to amalgamate flats while building 1,511 flats admeasuring 40 sq m and 1,593 flats of 80 sq m, but also asked Hiranandani to give 15% of the flats that will be developed henceforth to government servants, all of which the government will distribute with transparency.
Significantly, the HC has given petitioners the permission to file any criminal complaint if they have a suspicion that the terms of the tripartite agreement were being breached. The court also allowed the MMRDA to move the appropriate forum for any compensation it might think is due from the developer.
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