Priya Gour
Published on July 31, 2022 at 19:47 IST
The Supreme Court recently in 3 Judge Bench headed by CJI NV Ramana maintained status quo on the Bombing High Court’s verdict in the redevelopment of multi storey building in Ghatkopar society area of Mumbai.
About the Case:
The owners of 12 row houses in Mumbai’s Ghatkopar area had moved to the Supreme Court for obtaining a stay against the redevelopment of a multi storied building, which would lead to encroaching their garden area.
The Bombay High Court had previously declined to extend the previous stay of 5 years.
After the stay was denied by the High Court, the bungalow owners approached the Supreme court the very next day with a Special Leave Petition (SLP).
The High Court had earlier said:
“It is very difficult to see how bungalow owners can get an order that effectively compels fellow members of the same Society to live in increasingly degraded conditions.‘
The High Court Bench of Justices Gautam Patel and Gauri Godse on July 20, noted that bungalow owners’ “real contest” is with the society, which owns the entire plot of 4,187 sq.mt. and developer.
The HC judgment said, the bungalow owners through their counsel Mayur Khandeparkar claimed exclusive rights to a garden at the rear up to the compound wall, the portion that separates six row houses from the larger building. And the stay was denied.
The Supreme Court has listed the matter for further hearing on 1st August, 2022.