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Hiranandani Developers have approached the Bombay High Court seeking for it to vacate a stay on sale of amalgamated flats in its township at suburban Powai.
The petition filed by the company and its co-founder Niranjan Hiranandani has sought revocation of the stay imposed by the High Court in December 2008,while hearing a public interest litigation,contending that the arbitrator has found no violations in its project.
“The arbitrator appointed to look into the tripartite agreement between the land owners,government and MMRDA has found no irregularities in the project,” the petitioner’s counsel Shrihari Aney argued.
The High Court had on December 4,2008 restrained Hiranandani from selling amalgamated flats in Powai’s Hiranandani Gardens and said it could not sell more than two flats to one person till further orders.
The stay was imposed in a PIL filed by Kamlakar Satve and Rajendra Thacker alleging that Hiranandani had violated a 1986 agreement for developing 230 acres of land under the Powai Area Development Scheme.
The PIL alleged that the disputed flats were built on a plot,which was originally allotted to builders for construction of affordable houses for the middle class,but the same were sold to the affluent and rich class.
Aney today argued that separate committees were appointed by the government and MMRDA to look into the allegations and no violations were found.
“Even an arbitrator was appointed who passed an order in our favour in August this year,” he said.
A division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi directed Thacker and Satve to file their reply and has posted the matter for final hearing on November 28.
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