Bombay HC breather for Bhandup families
Bombay high court has come to the rescue of 84 families who had purchased flats in an under construction redevelopment project in Bhandup that is now stalled as a result of disputes between the housing society and the developer.
Justice K R Shriram refused to vacate a court order directing the society to maintain status quo and restraining them from selling or creating third party rights with regard to the flats sold to the 84 families.
“Based on the development agreement between the builder and the housing society, flats were sold (to 84 purchasers). Each purchaser paid substantial amounts to the developer. Therefore, if the status quo is vacated, and the society or any developer goes ahead and creates third party rights with regard to (the 84) units sold to plaintiffs, it would also cause them grave prejudice…,” said Justice Shriram. The court said the status quo order will continue to operate till the suit by the flat purchasers is disposed of.
The 84 families had purchased flats in the under construction project– Arihant –at Bhandup between 2009 and 2010 that was being constructed by Saaga Infra Projects. The developer had signed a redevelopment agreement with Shree Gurudatta Police Society in 2008. As per the agreement, the builder would construct a 17-storey building with three wings.
The society’s 168 members would be rehabilitated in the new building and around 84 flats were sold in the open market. According to the plea filed by the flat purchasers, construction came to a halt after 2012 and four storeys were constructed. The flat purchasers approached the court after the society terminated the development agreement with the builder.