Mumbai’s Grand Paradi Society waits for conveyance
Residents of Grand Paradi, a landmark highrise complex at Kemps Corner in south Mumbai, are locked in a tussle with their builder who handed over the flats four decades ago, but did not convey the land to the society.
Developer Mont Blanc Properties, which built three towers and 14 row houses in the early 1970s, accused Grand Paradi society for trying to extract more land then it is entitled to.
Society members said they have rights over 21,277 square metres of the layout. But the builder wants to convey only 9,700 sq m—the area covering the three towers and row houses, and not the land adjoining it.
“If we settle with the builder and take conveyance of only 9,700 sq m, the society will not be able to rebuild the entire area as it stands today. In case of building collapse due to fire or natural calamity or demolition, we will have to restrict ourselves to about a third of today’s area,” said residents.
The society fears it will have no “indefeasible rights” to construct an equivalent area unless land in its control supports the floor space index (FSI) for such construction. “In case of natural calamity and with no conveyance in place, the society will be entitled to construct exactly the same FSI, which was utilized earlier,” it said.
Residents said development rights of unutilized 30,000 sq ft of extra FSI should come to the society, and not the builder. A spokesperson for the developer said, “It is unfortunate that some individuals with personal interests have misled some of the society members into believing that there is a risk to the FSI consumed. This false dissemination of information by these vested interests is preventing the society from obtaining their conveyance. It is settled law that such a situation can never arise in an ongoing un-subdivided layout development. Our stance is vindicated by three orders from high court and Supreme Court, respectively.”
The developer said it is willing to convey only that portion to the society which it is entitled to as stipulated in the agreement. “Is this a society with a grievance or a society that is trying to extort what does not belong to it?” said the spokesperson.
The society has been in a legal battle since 2002 when it first filed a suit against the builder. In 2010, though, the developer filed a special leave petition in the Supreme Court, against a high court temporary injunction against construction. The apex court said the builder could exploit the unutilized FSI on the land at its own risk and subject to the final outcome of the suit.