Now Reading: SC restores construction curbs on Mumbai’s Imperial twin towers
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SC restores construction curbs on Mumbai’s Imperial twin towers
The Supreme Court has restored construction restrictions on The Imperial, a 60-storey twin-tower complex in Mumbai's Tardeo area, giving relief to nearly 50 flat purchasers. The August 14 order of a bench…
The Supreme Court has restored construction restrictions on The Imperial, a 60-storey twin-tower complex in Mumbai's Tardeo area, giving relief to nearly 50 flat purchasers. The August 14 order of a bench led by CJI Surya Kant directed the Bombay High Court to expedite hearing of developer S D Corporation's appeal against the curbs imposed by a single judge last November.
Justice Sandeep Marne's November 2023 order had barred any addition or alteration to Towers A and B without residents' consent and capped Tower C's built-up area at 38,500 sqm, citing violations of the Maharashtra Ownership Flats Act. The developer's appeal before a division bench had stayed parts of that order in June, prompting residents to move the top court. Senior counsel for the residents argued that ongoing construction would be difficult to reverse.
The SC ruled that the single judge's interim injunction will continue during the appeal. As a result, the developer cannot add to Towers A or B without flat purchaser consent, Tower C's construction stays capped at 38,500 sqm, and Tower D on the larger property must remain detached from the other towers. The developer must inform prospective buyers of the pending litigation.
Indian Opinion Analysis
The Imperial twin towers have been a flashpoint in Mumbai's real estate since the original 2009 layout was disclosed, with residents alleging that developers silently expanded floor space index far beyond approved limits. Under the Maharashtra Ownership Flats Act, builders cannot alter sanctioned plans without written consent of existing flat owners, a provision the single judge used to cap Tower C at 38,500 sqm. The Supreme Court’s restoration effectively freezes construction until the Bombay High Court division bench rules, likely in the next three to six months. If the developer loses the appeal, it could face demolition orders similar to the 2022 SC ruling on the Supertech twin towers in Noida.
Source: timesofindia.indiatimes.com
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