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Builder can demolish extra floors to comply with height restrictions: Bombay HC

October 19, 2018

A builder does not require permission to demolish extra floors of a highrise to comply with height restrictions, Bombay High Court has said.

A division bench of acting Chief Justice Naresh Patil and Justice Girish Kulkarni, paving the way for a developer to knock off two floors of three wings of Lodha New Cuffe Parade, a skyscraper in Wadala, rejected a plea by 24 out of 700 flat purchasers, who had sought revocation of the part occupation certificate (OC) given by MMRDA for 40 floors.

"A part OC of the building before completion of the entire work, as per development permission, can be granted," said the HC. It expressed surprise at the flat purchasers seeking revocation of OC for the building. "At the threshold, we are somewhat astonished to note the nature of the prayers made by the petitioners that the part OC granted, be revoked, when they, admittedly are purchasers of flats in the building and they have taken possession of the flats, and some are already residing in their flats," said the HC.

It said no approval was needed for a builder to pull down extra floors to comply with norms. "The petitioners are not in a position to point out any embargo in law which would prohibit the developer from undertaking removal or demolition of upper floors to comply with the requirement of the height of the building in the approval and sanction granted by the authorities," said the court. The bench took into consideration the concern expressed by the petitioner flat-owners regarding safety of lower floors and superstructure of the residential towers due to demolition of upper floors. The bench told the developer to inform MMRDA before commencing remaining work of removing additional floors so that the authorities can depute technical persons and supervise the work.

Based on the no-objection certificate granted by Airport Authority of India on height clearance, the authorities granted the developer permission to construct to around 139 metres. Subsequently, after new height restrictions to around 134 metres for one of the towers and 136 metres for three other wings. By then the developer had constructed 43 floors for a wing and 45 floors for the three other wings. MMRDA granted the buildings part OCs for 40 floors.

To comply with new norms, the developer decided to pull down the additional floors. Some flat purchasers objected and filed the petition. The developer said sufficient care was being taken so that the structural stability of the buildings were not affected.

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Source:magicbricks.com