4 days ago
Bombay High Court Stays BMC Action at Rustomjee Crown
Some people who bought homes at Rustomjee Crown are fighting with the city authority and the developer.
The dispute is about extra foyer spaces connected to some apartments.
The Brihanmumbai Municipal Corporation, or BMC, has issued notices and demolished eight foyers.
The flat owners say the foyers were promised and included in their sale documents.
They also say they paid charges based on the apartment and foyer together.
The BMC believes the foyers may have used more building space than allowed.
The Bombay High Court has temporarily stopped more action by the BMC.
The court has asked the developer to explain its side by September 17.
The owners are also asking for Rs 1,000 crore in damages and for the foyers to be regularised.
The Bombay High Court restrained the BMC from taking further action against affected flats at Rustomjee Crown until the next hearing.
Justice Sandeep Marne directed the developer to respond to the flat owners’ suit by September 17.
The case involves 246 plaintiffs representing around 140 flat owners in the Prabhadevi complex.
The BMC issued notices to 186 flats and demolished eight foyers in five-bedroom apartments.
Flat owners seek Rs 1,000 crore in damages, while the Rustomjee Group denies violating sanctioned plans.
- Who
- Around 140 flat owners, represented by 246 plaintiffs, the BMC, and developer Keystone Realtors Ltd.
- What
- The Bombay High Court paused further BMC action against apartment foyers and sought the developer’s response to the owners’ suit.
- Where
- Rustomjee Crown, a three-tower residential complex in Prabhadevi, Mumbai.
- When
- The article is dated September 3, 2026; the BMC action began on August 24, and the developer’s reply is due by September 17.
- Why
- The owners challenge demolition action, alleging the foyers were sold as exclusive apartment areas, while the dispute concerns possible excess floor space index consumption.
Flat Owners and Plaintiffs
Developer and Civic Authorities
Whether the foyers were lawfully included
Flat Owners and Plaintiffs
The flat owners allege the foyers were represented as exclusive spaces and were shown in marketing material, apartment plans, costing documents, and registered sale agreements.
Developer and Civic Authorities
The Rustomjee Group denies any violation and says construction followed plans sanctioned and approved under the 1991 Development Control Regulations.
Reason for civic action
Flat Owners and Plaintiffs
The plaintiffs say the BMC inspected Towers A and B before granting occupation certificates in 2025 without objecting to the foyers.
Developer and Civic Authorities
The suit says the BMC later allegedly found that the foyer areas involved excess floor space index while reviewing the occupation certificate for Tower C.
What should happen next
Flat Owners and Plaintiffs
The owners seek cancellation of the BMC notices, protection from demolition, regularisation of the foyers, damages, and preservation of the developer’s unsold inventory.
Developer and Civic Authorities
The BMC had begun notices and demolitions, while the developer says it is cooperating with authorities; the High Court has temporarily restrained further civic action.
Key facts
- Court
- Bombay High Court
- Judge
- Justice Sandeep Marne
- Plaintiffs
- 246 plaintiffs representing around 140 flat owners
- BMC notices
- The first batch covered 186 flats
- Demolitions
- Eight foyers in five-bedroom apartments were demolished
- Damages sought
- Rs 1,000 crore
- Complex details
- Towers A and B are 53 storeys, with four apartments on each floor
Quotes
Rustomjee Group spokesperson
Spokesperson for the developer of Rustomjee Crown
“The construction was undertaken in accordance with the plans sanctioned and approved by the competent authorities as per 1991 DCR.”
freepressjournal.in
Sources
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