Supreme Court Directs High Court to Expedite Resolution of Unauthorized Construction Dispute

Arbitration proceedings ongoing for redevelopment issues; Developer's unauthorized construction faces objections from Airport Authority.

In a significant ruling, the Supreme Court of India has directed the High Court to promptly address the issue of unauthorized construction of additional floors by a developer in a society named Gautum, amidst ongoing arbitration proceedings over redevelopment disputes. The case, involving petitioners Narendra N. Pagarani and others against respondents Mohamed Rafique Mohamed Nazir Shaikh and others, was heard by Justices J.B. Pardiwala and Prasanna B. Varale.

The dispute centers around two societies: Shubh Hari Darshan and Gautum. The petitioners, who own flats in Shubh Hari Darshan, claim they have been left in a lurch after the entire apartment was demolished with no progress on redevelopment. This matter is currently under arbitration, overseen by Hon'ble Mr. Justice Akil Kureshi, former Chief Justice of Rajasthan High Court. The Supreme Court refrained from making further observations on this aspect, noting that all disputes are subject to arbitration.

However, the focus shifted to the Gautum Society, where the developer originally received sanction for twelve floors but later submitted a revised plan for sixteen floors to the Bombay Municipal Corporation (BMC). The developer has completed construction of the additional four floors, despite the BMC disputing the sanction of the revised plan. Moreover, the Airport Authority has raised strong objections to the additional construction, citing serious concerns.

The Supreme Court expressed its inability to comprehend how the developer proceeded with constructing additional floors without valid permission or sanctioned plans. The Court emphasized the need for strict action against such developers and urged the High Court to handle the matter swiftly.

The Court concluded by requesting the High Court to take up the main matter at the earliest, hear all parties involved, and decide in accordance with the law. The petitions before the Supreme Court were closed, with pending applications disposed of.

Bottom Line:

Arbitration proceedings between parties are underway regarding redevelopment disputes in a society; High Court directed to decide on the issue of unauthorized construction of additional floors by the developer at the earliest.

Statutory provision(s): Arbitration Act, Building Regulations, Municipal Corporation Rules, Airport Authority Guidelines

Narendra N. Pagarani v. Mohamed Rafique Mohamed Nazir Shaikh, (SC) : Law Finder Doc Id # 2820351