2 weeks ago
High Court Orders Demolition of Illegal Rosedale Plaza Construction
A court found that parts of a shopping complex at Rosedale Garden did not match the approved building plans.
Apartment owners said the plaza had taken over shared spaces belonging to residents.
They also said stalls and an unauthorised pickleball court had been built there.
The court ruled that the plaza could use only the approved retail area of 18,218 square feet.
It ordered NKDA to remove construction outside that area.
The partition between the homes and the shopping complex must also be removed.
The work must be completed within two months of the order.
The plaza owner must pay the demolition costs.
The judgment is intended to return disputed common areas to the apartment owners.
The high court ordered demolition of unauthorised construction at Rosedale Plaza in Rosedale Garden.
The apartment owners’ association alleged that the plaza had encroached on residential common areas.
The court said Rosedale Plaza could not exceed the 18,218-square-foot retail area specified in the relevant plans.
NKDA must demolish construction beyond the demarcated retail area within two months and recover the costs from the plaza owner.
The ruling also requires demolition of the partition separating the residential and commercial complexes.
- Who
- The Rosedale Garden Apartment Owners Association brought the case against the owner of Rosedale Plaza; the division bench was composed of Justice Rajasekhar Mantha and Justice Anuj Singh.
- What
- The high court ordered demolition of construction exceeding the approved retail area and removal of the partition between the residential and commercial complexes.
- Where
- Rosedale Plaza, a commercial complex on the campus of Rosedale Garden in Action Area III.
- When
- The verdict was pronounced on Monday, and demolition was ordered within two months of the order.
- Why
- The association alleged that the plaza had encroached on residential common areas and built or used structures beyond the sanctioned plans.
Apartment Owners’ Association
Rosedale Plaza Position
Use of common areas
Apartment Owners’ Association
The association alleged that the plaza had moved into residential common areas, added stalls and used the roof for an unauthorised pickleball court.
Rosedale Plaza Position
The plaza developer challenged the final occupancy certificate and disputed the planning basis used to determine the permitted construction.
Applicable building plan
Apartment Owners’ Association
The association relied on the NKDA plan sanctioned on April 26, 2011.
Rosedale Plaza Position
The dispute involved whether the 2011 NKDA plan superseded the original Hidco plan issued in 2009; the court held that existing construction must comply with the 2011 plan and the development agreement.
Extent of permitted construction
Apartment Owners’ Association
The association claimed that the plaza occupied space beyond the approved 18,218-square-foot retail area.
Rosedale Plaza Position
The plaza was occupying about 27,000 square feet, but the court ruled that it was not entitled to construct beyond the approved 18,218 square feet.
Key facts
- Approved retail area
- 18,218 square feet
- Retail area currently occupied
- About 27,000 square feet
- Project land allotted
- 16.32 acres
- Original layout plan
- Issued by Hidco on August 27, 2009
- Revised plan
- Sanctioned by NKDA on April 26, 2011
- Final occupancy certificate
- Issued by NKDA on October 14, 2015
- Demolition deadline
- Within two months from the date of the order
Quotes
Srijib Chakraborty
Counsel for the Rosedale Garden Apartment Owners Association
“This is a landmark judgment which will resolve long-pending disputes relating to the illegal occupation and usage of the common areas of apartments. Now by virtue of this judgment the apartment owners would get back the common areas for which they have paid the developers while purchasing their respective flats.”
telegraphindia.com
Sources
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