“The development shall not put any further construction whatsoever in the remainder of the plot before specifying vacant land and buildings that can be constructed,” the HC said in its order running into more than 30 pages.
The court said that the developer would be entitled to commence any further construction only after obtaining specific permission from the court. The HC observed that the very purpose of the tripartite agreement was to construct smaller flats for affordable housing.
“The developer as well as the flat purchasers appear to have thrown this essential requirement to the winds,” the court observed. “Consequently, the land was leased upon a pittance of Rs1 per hectare came to be developed as a goldmine realising from such investment millions of rupees worth of real estate.”
The developer has been directed to construct 1,511 flats of 40 square metres and 1,593 flats of 80 square metres without amalgamating any flats. “No two flats shall be sold to the same person or two members of the same family,” the court ordered.
The direction came in the wake of allegations in the PIL that in order to overcome some development conditions, the developer had constructed amalgamated flats or sold adjoining flats to different members of the family. The PIL further alleged that the flats were converted for commercial use, thereby breaching the terms of the agreement and conditions imposed under the Urban Land Ceiling Act.
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