MHADA loses battle to acquire about 11,500 sq ft in Mumbai
The Maharashtra Housing and Area Development Authority (MHADA) has lost a nearly 20-year-old battle to acquire 11,515 square feet in the plush Suraj Apartment, a 38-storey pencil tall building at Breach Candy, in South Mumbai. MHADA had staked claim to the area on the basis of extra Floor Space Index (FSI) allegedly used by the builder. The Bombay High Court upheld an order of the appellate officer, an authority under the MHADA Act. The officer had ruled that MHADA had failed to prove that the number of original tenants in the building were inflated by builder and the resident of the building Dilip Thakkar, who is a resident of the building. MHADA had said that Thakkar had increased the number of original tenants in the building from three to 26 in a bid to claim extra FSI. Justice RD Dhanuka held that the officers of MHADA, examined during their internal proceedings, were unable to prove how they had arrived at the surplus of 11,515 square feet, which was demanded way back in a notice sent in 2004. The court, however, clarified that any criminal proceeding for fraud should be independent of the current judgment. The court blamed MHADA for a lax attitude in taking action against the alleged irregularities. “This is the fourth round of litigation the MHADA has lost,” said Barsha Parulekar, an advocate appearing for one of the tenants, told media.
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