Archive · 12 Nov 2025
Bombay HC Restrains Construction Beyond Plan at The Imperial Towers
Imagine you bought an apartment in a fancy building called The Imperial.
The building plans showed specific towers and where everything would go.
But, the people building it wanted to add more buildings and apartments than originally agreed upon, even though the original plans were finalized years ago.
The people who already bought homes in the building got worried and went to court.
The judge agreed with them and said the builders can't build anything extra that wasn't in the original, finalized plans.
They also can't change the existing towers without the owners' permission.
This is to make sure the builders stick to the rules and don't take advantage of the situation.
The buildings were originally meant to help rehouse people from slums, and the builders were allowed to sell some extra apartments to cover costs, but now they seem to be building more than intended.
Bombay High Court granted temporary relief to 48 flat owners of 'The Imperial' twin towers in South Mumbai.
The court restrained the developer from constructing beyond the sanctioned and last disclosed layout plan of December 2009.
Flat owners alleged the developer proposed additional towers and flats contrary to project regulations.
The developer argued MOFA provisions do not apply as the land belongs to MHADA.
The court found a strong prima facie case for injunction, citing potential irreparable loss to flat owners without it.
- Who
- Bombay High Court, 48 flat owners of 'The Imperial' twin towers, and the developer (S.D. Corporation Pvt. Ltd)
- What
- The High Court granted temporary relief to flat owners, restraining the developer from constructing beyond the sanctioned plan and disclosing the last disclosed layout plan of December 2009.
- When
- On Tuesday
- Where
- Bombay High Court, pertaining to 'The Imperial' twin towers in Tardeo, South Mumbai.
- Why
- The flat owners approached the court alleging the developer overreached project regulations by proposing additional towers and flats contrary to the sanctioned plan and the last disclosed layout.
Flat Owners
Developer (S.D. Corporation Pvt. Ltd)
Construction Beyond Sanctioned Plan
Flat Owners
The developer is overreaching project regulations by proposing additional towers and flats beyond the last disclosed layout plan of December 2009, using excess Floor Space Index (FSI) to construct new buildings and add flats in existing towers, which is against MOFA provisions.
Developer (S.D. Corporation Pvt. Ltd)
MOFA provisions do not apply to this project as the land belongs to MHADA, and disclosure requirements under MOFA are not enforceable for projects under slum schemes.
Delay in Slum Rehabilitation
Flat Owners
The developer has kept the slum scheme incomplete for over 25 years, which has resulted in a 'bonanza' for them, allowing them to build unplanned towers and seek to encash opportunities created by the delay.
Developer (S.D. Corporation Pvt. Ltd)
While not explicitly stated, the developer's arguments suggest they are operating within their rights regarding projects on MHADA land and under slum schemes, implying the delay does not negate their development rights.
- Project Name
- The Imperial
- Location
- Tardeo, South Mumbai
- Court
- Bombay High Court
- Judge
- Justice Sandeep V. Marne
- Date of Order
- Tuesday
- Status
- Temporary relief granted to flat owners
- Key Restraint
- Construction contrary to the sanctioned layout plan of December 2009