The India's apex court Supreme Court has allowed the Mumbai based Hiranandani Developers to withdraw its plea against a Bombay High Court order, which restrained the company from further developing a piece of plot of land in the city suburb Powai.
The Bombay High Court had earlier stopped the construction till the Hiranandani Developers provided flats for people from EWS (Economically Weaker sections).
In an order on recently a Bench comprising Mr. Justice H.L. Dattu & Mr. Justice C K Prasad, “After arguing the matter for quite some time, learned senior counsel, Mr. (Mukul) Rohatgi, requests the court to permit him to withdraw the petitions.”
“Permission sought for is granted. Petitions are disposed of as withdrawn,” the Supreme Court said.
The Supreme Court had earlier indicated that at this stage it cannot interfere with the Bombay High Court order.
The High Court had observed that according to an agreement between the State Government, the MMRDA (Mumbai Metropolitan Region Development Authority) and the original land owners, the development of 230 acre plot of land under ‘Powai Area Development Scheme' was for affordable (low cost) houses of 400 and 800 square feet.
The agreement also had a provision for building affordable houses for the poor. Public Interest Litigations alleged violation this clause in the pact, adding that the company circumvented this norm by amalgamating such smaller flats or selling adjoining flats to different members of the same family from affluent classes.
However, the Bombay High Court directed the company not to construct any further “in remainder of the plot of land before specifying vacant land and buildings that can be constructed.”
Asking the Hiranandani Developers to build 1,511 flats of 40 square meter area each and 1,593 flats of 80 square meter area each without amalgamating, the High Court had said that no 2 flats should be sold to the same person or 2 members of the same family.
The Bombay High Court had earlier stopped the construction till the Hiranandani Developers provided flats for people from EWS (Economically Weaker sections).
In an order on recently a Bench comprising Mr. Justice H.L. Dattu & Mr. Justice C K Prasad, “After arguing the matter for quite some time, learned senior counsel, Mr. (Mukul) Rohatgi, requests the court to permit him to withdraw the petitions.”
“Permission sought for is granted. Petitions are disposed of as withdrawn,” the Supreme Court said.
The Supreme Court had earlier indicated that at this stage it cannot interfere with the Bombay High Court order.
The High Court had observed that according to an agreement between the State Government, the MMRDA (Mumbai Metropolitan Region Development Authority) and the original land owners, the development of 230 acre plot of land under ‘Powai Area Development Scheme' was for affordable (low cost) houses of 400 and 800 square feet.
The agreement also had a provision for building affordable houses for the poor. Public Interest Litigations alleged violation this clause in the pact, adding that the company circumvented this norm by amalgamating such smaller flats or selling adjoining flats to different members of the same family from affluent classes.
However, the Bombay High Court directed the company not to construct any further “in remainder of the plot of land before specifying vacant land and buildings that can be constructed.”
Asking the Hiranandani Developers to build 1,511 flats of 40 square meter area each and 1,593 flats of 80 square meter area each without amalgamating, the High Court had said that no 2 flats should be sold to the same person or 2 members of the same family.
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