The Bombay High Court today restrained the city-based Hiranandani Developers from carrying out any further development at its township in suburban Powai,until it provides flats for the weaker section of the society.
The division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi was hearing public interest litigations,which alleged that when Hiranandani was allowed to build the township,state had laid down a condition that it must build a certain number of flats for the weaker section. Such flats were to be of smaller size,to make them affordable.
But,the developer got around this requirement by ‘amalgamating’ such smaller flats or selling adjoining flats to different members of the same family (from affluent classes),the PILs said.
The court today said that the developer “shall not put up any further construction in remainder of the plot before specifying vacant land and buildings that can be constructed”.
Judges directed Hiranandani to construct 1,511 flats of 40 square meters area and 1,593 flats of 80 square meters area without amalgamating. “No two flats shall be sold to the same person or two members of the same family,” the court added.
The developer would not carry out any other construction in Powai Area Development Scheme (PADS) unless High Court allows it.
In December 2008,the court had restrained Hiranandani from selling 200 flats at Hiranandani Gardens,Powai.
Another condition put in by the court,in the case of further construction,is that “developer shall sell to the state government 15 per cent of the total FSI consumed in plot in the form of constructed tenements at Rs 135 per square feet.”