Lekha G
A Pune City Court has ordered demolition of a 22 storied building constructed by Clover Developers in Clover Highlands Co-operative Housing Society in Kondhwa.
The Petition was filed before Pune Civil Court Senior Division in 2018 by the litigants in the form of a suit for declaration, cancellation and injunction under Specific Relief Act and Section 7 of the Maharashtra Ownership of Flats Act, 1963.
The Judge SMA Sayyed stated that all revised and sanctioned plans after the society had been transferred to residents in 2007 would “Stand cancelled being void ab initio”.
The Order stated that, “Defendant No.1 (Clover Developers Private Limited) and two (Everjoy Co-operative Housing Society Limited (Phase 1)) are hereby directed to pay rupees five lakhs jointly and severally to the plaintiffs as compensation towards damages, harassment and mental agony and inconvenience caused to them within four months from the date of this order”.
“If these defendants failed to comply the said order within stipulated time, plaintiffs are at liberty to demolish the said structure by incurring own expenses and recover the said expenses from defendant”, the order further stated.
The residents had also pleaded that the layout plans had been changed time again by the builders without approval from society members as mandated under Section 7 of Maharashtra Ownership Flats Act, 1963.
However, the defendants claimed that the residents did not challenge the same even though they were informed about it.
The Court said that, “It is the principle of law that there is no need to challenge or seek declaration with respect to any document which is illegal. Moreover, it is a fact that what is illegal always remains illegal”.
Everjoy Co-operative Housing Society representative Kiran Wagaj said, “The builder is not affecting any additional constructions in the building in which plaintiffs have purchased flats. Our construction is phase wise we have completed phase 1 and now another phase is going on. Flat purchase society is well aware about the right of defendant to effect construction of second phase and they have ratified the right of Clover to effect additional construction in their general body meeting. Clover Highland society has filed suit but subsequently they withdrew the suit”.
Everjoy Co-operative Housing Society has further challenged the judgment before the High Court stating Section 7A of Maharashtra flat ownership act consent of flat purchases was not required for construction of second phase.