PADAMCHAND JABBARCHAND KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I am dismissing this petition summarily, but I am writing this order to highlight how the builders of high rise buildings, act high handedly and then the occupiers of such buildings approach the Court on sympathetic consideration and suggest that the Corporation should assist them contrary to law. The facts would disclose the usual modus.

(2.) Respondent No. 3, M/s Honesty Builders Pvt. Ltd., are the builders and developers of the property and submitted a building proposal on August 8, 1979 through their Licensed Surveyor M/s Bhatnagar Ambre Kothari & Associates along with the notice under Section 337 of the Bombay Municipal Corporation Act, 1888 (hereinafter referred to as the B, M. C. Act). The application was for permission to develop the plot situate at 8, Dongarsi Road, Malbar Hill. Respondent No. 3 represented that the area of the plot was 2869 sq. yards and the building plan consisted of stilt, ground and 14 upper floors. The Corporation sanctioned the construction of floor space as admissible as per the permissible f. s. i. on the basis of the plot area mentioned in the application. Subsequently, the Architects submitted amended plans on September 14, 1981 with extract from the District Inspector of Land Records showing the plot area as 3075.93 sq. yards. The amended plans sought permission to construct the building consisting of basement stilt with one shop and 17 upper floors. The Corporation sanctioned the amended plan on condition that, no objection certificate', from the Urban Land Ceiling Authorities under Section 6 (i) showing the plot area as 3075.93 sq. yards would be produced. The builders never produced such certificate.

(3.) The construction was completed some time in February 1984 and on March 27,1984, the Architects submitted the completion certificate as contemplated by Rule 7.6 of the Draft Rules of the Corporation, known as Building Bye-laws and Develoqment Rules of the Bombay Municipal Corporation. The completion certificate was refused on March 21, 1984 and occupation permission was not granted. The builders had completed the construction by entering into agreement with several purchasers who had agreed to purchase the flats for a very high price. The petitioners claim that they had agreed to purchase flat No. 801 on the 8th floor along with the parking spaces bearing Nos. 1,2 and 3 on the ground for a consideration of Rs. 6,10,000. The petitioner claim that from February 19, 1979 till March 29, 1984 the petitioners paid the entire consideration. The flat owners formed co-operative society and it has been joined as party respondent No. 4 to the petition. It is claimed by the petitioners that respondent No. 4 intimated to the flat purchasers in the month of May 1984 to take possession of their flats and accordingly the petitioners secured the possession of the flat, inspite of the fact that the Municipal Corporation had not given either the completion certificate or the occupancy certificate.