Residents of Rustomjee Crown, the posh residential venture in Prabhadevi, have moved the Bombay Excessive Court docket towards the developer following the demolition of lobby areas of their residences, by the BMC final week. They ask how lots of of house owners might have independently dedicated the identical alleged municipal violation when the areas had been bought, documented and fitted out as a part of their houses by the developer.
Round 140 flat homeowners, represented by 246 plaintiffs, are difficult the BMC motion of August 24, which is scheduled to proceed for a month.
Rustomjee Crown contains three highrise buildings – Towers A, B and C – which have three-, four- and five-bedroom residences. The complicated has 372 house homeowners in Towers A and B, each 53-storey buildings with 4 flats per ground. The lobby configuration exists in almost 95% of the residences in Towers A and B.
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The BMC has issued notices to the primary batch of 186 flats and has already demolished eight foyers in 5-BHK residences. The 4-BHK residences, measuring 2,000 sq ft, have foyers of 180-185 sq ft, whereas the 5-BHK residences, measuring 2,800-3,000 sq ft, have foyers of almost 550 sq ft.
Residents declare they haven’t encroached on the lobby areas. These had been introduced as unique areas connected to particular person residences by the developer, they stated. The areas appeared in Rustomjee’s advertising and marketing materials and house plans; they mirrored individually in costing paperwork; and had been included into their registered sale agreements, they added.
Residents say their paperwork describe the house space together with a separate, non-public lobby space, with the online usable space calculated by including the 2. They declare the acquisition consideration, stamp responsibility and registration prices had been paid on the mixed space.
A resident of Tower A alleged that the sanctioned plan connected to her registered sale settlement differs from the sanctioned plan subsequently submitted by the developer to the BMC. “Now we have been duped by the builder,” she stated.
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Additional supporting their argument, residents say the lobby ground is identical as that of the house however completely different from the frequent foyer ground. The areas are enclosed by doorways which might be the doorway to their flats; the lobby air-conditioning is related to their particular person residences and residents pay electrical energy payments for them.
Residents additionally level to the house costing sheet, which individually identifies the RERA carpet space, lobby space and web usable space earlier than arriving on the house value. They argue that this means the non-public lobby was expressly recognized within the business documentation used for the sale.
Residents additionally level out that the BMC inspected Towers A and B earlier than issuing occupation certificates (OC) in 2025. Civic officers allegedly didn’t object to the foyers on the time.
They are saying the difficulty arose when the developer sought an OC for Tower C, when the BMC raised the difficulty of extra FSI, allegedly consumed by the foyers. The developer claimed they had been frequent foyers, which is why the BMC wished them demolished, residents say.
Additionally they declare they had been requested to challenge letters authorising Rustomjee representatives to signify them earlier than the BMC. “When the primary discover was issued, the builder assured us it could be sorted out with the BMC. Each flat proprietor then issued a letter of authority on behalf of the developer. Thereafter, additional notices had been collected by the developer from the BMC with out informing residents, they declare.
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Rustomjee Group stated the Prabhadevi venture was developed in response to plans sanctioned and approvals granted by the competent authorities and in compliance with relevant legal guidelines and rules. The corporate stated the venture had acquired requisite approvals, together with the occupation certificates (OC).
“Now we have simply been served with a replica of the go well with instituted towards sure events in relation to issues in regards to the venture. The contents of the go well with are presently being examined and Rustomjee is acquiring acceptable authorized recommendation in relation thereto,” the corporate spokesperson stated.
“Rustomjee is evident that there was no violation or non-compliance on its half. The proceedings, at first impression, look like misconceived and are being examined accordingly,” the spokesperson stated.
For the reason that matter is earlier than the courtroom, the corporate stated it couldn’t touch upon the deserves of the allegations. “Now we have full confidence within the legality, approvals and compliance of Rustomjee Crown and can take all obligatory steps to guard the pursuits and rights of the corporate and its stakeholders,” the spokesperson stated.
