Sunday, September 30, 2018

Court rejects flat buyers’ plea to stop demolition of a seven-storey illegal building

The Bombay HC has rejected a last-minute bid by flat purchasers to save a seven-storey illegal building,Veer Heights, in Kalyan from demolition. A division bench of Justices Naresh Patil and Girsh Kulkarni said they were "not inclined to grant any indulgence" to the flat purchasers. The bench said the flat purchasers were free to initiate proceedings against the builder, Prashant Rane, to recover their investment.
“The illegality of the building was not something which was unknown to the (flat purchasers) is also not the case that any owner of the land had sought...building permission. It is also not in dispute that the Municipal Corporation has issued notices with regard to this illegal construction and it cannot be said that the petitioners who have intention to hang on to the unauthorised constructions, were not aware about all these proceedings," said the judges.
The court pointed out that the Kalyan Dombivli Municipal Corporation had sought police protection on earlier occasions for demolishing the building.

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