MUMBAI: In a relief to a Pali Hill housing society fighting a legal battle against a builder, the Bombay high court has directed the National Green Tribunal, Pune, to hear afresh their petition against development of a residential skyscraper, Sandhu Palace, in their plot.
One wing of the 19-storey Sandhu Palace, on a prime plot near thespian Dilip Kumar’s bungalow in Bandra (West), is complete and the price of a flat here is said to be above Rs 40 crore, making it one of the most expensive premises in the western suburbs.
The Chetak Cooperative Housing Society’s said the NGT had not given them a proper hearing, nor any reasons in its order. It had alleged that the developer, Sandhu Builders, was constructing the skyscraper on excess land and without proper environmental clearance. The builder denied there were any violations in the plans sanctioned.
The high court on July 1 set aside the 2015 NGT order saying it was “cryptic”. A bench of Justices VM Kanade and MS Sonak ordered the NGT to decide the society’s plea on merits after hearing both sides. “The NGT order reveals that no reasons have been given while dismissing the application, save and except, that there is a matter pending in this court,” the court said.
The society through its lawyers Harinder Toor and Rajesh Vanzara had questioned the NGT order of 2015 which dismissed its plea. Mahendra Ghelani, counsel for the developer, opposed the society’s petition in the HC saying the NGT has rightly dismissed its plea.
The dispute is essentially over an agreement the society executed with the builder in 2005 for redevelopment of its premises. The society says it allowed the developer to acquire development rights for three of its four plots. It told the court that the builder allegedly in collusion with the civic administration or by making false representation got plans approved on the entire land including the fourth plot. The approval was for development of 30,000 sqmtrs and to cut many trees in the lush plot.
Credits ET Realty