Bombay HC Stays BMC Demolition at Rustomjee Crown in Prabhadevi
The Bombay High Court on Thursday stayed further demolition action initiated by the Brihanmumbai Municipal Corporation against allegedly illegally extended areas in the luxury residential project Rustomjee Crown in Prabhadevi, after residents challenged the legality of the civic drive.
A batch of over 240 flat owners across 151 apartments filed a suit seeking more than Rs 1,000 crore in damages against the developer, Real Gem Buildtech Pvt Ltd, the civic administration, and others. Senior counsel Janak Dwarkadas, representing the residents, submitted that the flat purchasers had done nothing wrong and that the limited common area in the foyer was meant for their exclusive use as assured by the developer in the plan. The agreement, however, included a clause stating flat purchasers could not enclose such areas.
According to the suit, the BMC had issued notices in April and May alleging illegal additions to flats. The civic body then issued a notice on August 19 informing the developer and occupants of Towers A and B that officials would visit on August 24 for measurement and photography. Instead, civic officials arrived early morning on August 24 and began demolishing the walls and doors that enclosed the foyer areas without issuing an independent notice of demolition.
In court, counsel Sunil Khandagale for the BMC opposed granting protection to residents, stating that demolition was already complete against 20 structures and further action was underway for others. Senior counsel Virag Tulzapurkar, appearing for the developer, noted that the suit filed on September 2 had just been served and sought time alongside the BMC counsel to take instructions and file preliminary affidavits.
Justice Sandeep Marne restrained the civic body from carrying out any further demolition until September 16. The court observed that flats have been occupied by plaintiffs since 2021 and directed the municipal corporation to stay its hands so the court could properly consider the residents' grievances.
The two 65-storey towers feature four flats per floor and received an occupancy certificate around 2023-24. In a statement, a spokesperson for the Rustomjee group said Rustomjee Crown was developed and constructed in accordance with sanctioned plans, approvals from competent authorities, and applicable laws and regulations.
