Real estate
developer Niranjan Hiranandani
will submit plans within two weeks to begin construction of affordable houses
of 40 and 80sq m areas in his Powai township.
After the Supreme Court declined to dilute the February ruling of the Bombay
high court or stay the order that banned him from undertaking any construction
till he provides affordable housing, the developer was before the HC on
Thursday.
His lawyers, senior counsel Aspi Chinoy, Dinyar Madon along with Parimal
Shroff, showed maps to point out the open space position on which the developer
would now build the houses.
His contention was that the court must take into account the 15% commercial
construction permitted under DCR while calculating the area on which these
tenements are to be constructed. He claimed he ought to build them on a reduced
land size.
The bench headed by Chief Justice Mohit Shah asked the builder to first begin
construction of the houses as directed. The court posted the matter to the
third week of June for a progress report and did not consider the builder's
argument on commercial construction.
The HC, on February 22, passed its order which stopped the developer from going
on with his lavish constructions. The judgment was on a PILfiled by activists
who said that the developer had flouted a 1986 tripartite agreement with the
state and MMRDA which allowed him to develop 230 acres in Powai and construct
affordable houses and hand over partto the state.
The HC held that the developer flouted the agreement and the SC orally
expressed its displeasure. "That place was meant for below middle class
people. You built palaces for those who can afford Bentleys," it said.
In 1986, the state passed an award determining the compensation at the rate of
Re 1 per hectare for lands acquired from landholders. In return, the developer
was to construct affordable flats.
The HC directed the Hiranandanis to construct 3,100 affordable houses (1,593
flats of 80 sq m and 1,511 flats of 40 sq m). Around 450 of these apartments,
the court said, have to be offered to the state at a rate of Rs 135 per sq ft.
Once these instructions have been complied with, the developer would have to
take permission to embark on further construction.
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