Hiranandani Developers may have to demolish some of their
existing structures in order to build low-cost housing in the Powai Area
Development Scheme (PADS) within their Powai township.
The Mumbai Metropolitan Region Development Authority (MMRDA)
had filed a report in the Bombay high court stating that nearly 1.13 lakh
square metres of buildable area in the Powai township qualifies for low-cost
housing.
As per the February 22 order of the HC, Hiranandani has to
first construct 1,511 flats of 40 square metres and 1,593 flats of 80 square
metres without amalgamating any flats before undertaking any other construction
work in the township.
But according to the developer, the 1.13 lakh square metre
area is not sufficient to construct 3,104 flats. Aspi Chinoy, legal counsel for
Hiranandani, informed the court that they are willing to demolish some of the
construction that has come up to plinth level. “There are around 8-9 buildings
which have been constructed up to the plinth level. Also, there are certain
plots for which only construction plans have been sanctioned. We are willing to
demolish the plinth level structures and resubmit plans for the40 sq m and 80sq
m flats,” said Chinoy.
A division bench of chief justice Mohit Shah and justice
Roshan Dalvi has asked the Hiranandanis to submit the plans for the low-cost
housing project within two weeks. The Brihanmumbai Municipal Corporation (BMC)
has been asked to consider the same expeditiously.
The high court has clarified that Hiranandani can go ahead
with the construction of the low-cost housing if the BMC and the authorities
concerned grant it an Intimation Of Disapproval (IOD) or a Commencement
Certificate.
Submitting a report, Chinoy said that 80 buildings have been
constructed completely. Commercial premises occupy 1.19 lakh sq m of the total
area in the township.
Chinoy sought clarification whether they would be getting an
exemption on 15% of these flats, which could be used for commercial purposes.
Kiran Bagalia, advocate for the MMRDA, pointed put to the court that as per
their tripartite agreement, there was no such clause.
Earlier, the HC had restrained development while hearing a public
interest litigation filed by noted social activist Medha Patkar and city
residents Kamlakar Satve and Rajendra Thackar. The HC has kept the PILs for
hearing on June 21.
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