SC Restores Construction Curbs on S D Corporation at The Imperial in Tardeo

The Supreme Court has restored construction restrictions on developer S D Corporation regarding 'The Imperial', the 60-storey twin towers located in Mumbai's Tardeo neighbourhood, providing relief to residents opposing revised building plans.

In an order issued on August 14, a Supreme Court bench comprising CJI Surya Kant, Justice Joymala Bagchi, and Justice V Mohana also requested the Bombay High Court to take up the developer's pending intra-court appeal on an expedited, out-of-turn basis, subject to cooperation from both parties.

S D Corporation is a joint venture between Shapoorji Pallonji and the Dilip Thacker Group. The long-running dispute escalated after nearly 50 flat purchasers from Towers A and B approached the High Court last year to challenge revised building plans and additional construction, contending that the developer's new work exceeded the project layout disclosed in 2009.

In November last year, a single-judge bench of Justice Sandeep Marne at the Bombay High Court had restrained S D Corporation from executing any additions or alterations to Towers A and B without securing the consent of the residents. Justice Marne also placed a restriction capping the construction of a planned third building, Tower C, at 38,500 square metres of built-up area.

In that ruling, the High Court held that real estate developers cannot bypass flat owners' consent or breach statutory disclosure requirements mandated under the Maharashtra Ownership Flats Act.

Following that decision, S D Corporation filed an appeal before a division bench of the High Court. While that appeal remains pending, the Supreme Court has reinstated the restrictions imposed by the single-judge bench and urged the High Court to prioritize resolving the high-stakes dispute.