Lodha Group gets dragged into more controversies

The petition copy reads that several violations have been found by the purchasers which were not as per the agreement

The petitioners in the copy submitted to the court have alleged that the builder was able to carry out the illegal construction work because of connivance between the MMRDA, BMC officials, and civil aviation officers

One of the renowned and leading construction companies, the Lodha Group, owned by the Maharashtra's ruling party, Bharatiya Janata Party (BJP) legislator Mangal Prabhat Lodha, New Cuffe Parade Project at Wadala truck terminal is embroiled in controversies. Although the construction company claims to provide luxurious amenities on its website and brochures and states that the flats are ready for possession, but on ground the realty is different.

Raising concern over the same, the home-buyers have knocked the doors of Bombay High Court (HC) against Lodha. The petition copy, one is with Free Press Journal

(FPJ), reads that several violation have been found by the purchasers, which were not as per the agreement signed. Furthermore due to the ongoing demolishing work of upper floors above 40, the lives of the tenants who have already occupied their flats are living in fear. FPJ reporter also visited the project site and observed that construction work and the demolition of upper floors was in full swing. Astonishingly many have also occupied the flats in the under-construction building, risking their lives.

The petitioners in the copy submitted to the court have alleged that the builder was able to carry the illegal construction work because of connivance between the mumbai metropolitan region development authority (MMRDA), BMC officials, and civil aviation officers. As before getting approvals from these competent authorities about the height of the buildings they constructed 45 storeyed buildings. Also the MMRDA gave them part occupation certificate (OC) up to 40 floors blatantly, even though they were well aware about the illegalities going on over there.

Bhushan Shah, the advocate of HC representing the petitioners stated that the part OC was granted up to 40 floors before RERA came in existence, so no help can be obtained from them. “The RERA law says once the builder obtains an OC then they cannot interfere or help in any ways. Since the OC was issued up to 40 floors before RERA, those floors are under old Maharashtra Ownership Flat Act (MOFA) and remaining above floors are registered under RERA. But now as the illegal floors are been demolished due to civil aviation height norms violation. So, we have asked the court to cancel the part OC issued to the said project and direct the construction company to register the buildings under RERA.”

Furthermore, until the razing work completes alternate accommodation to the occupants and compensation for the inconvenience caused, has been demanded added Shah. He also raised concern, when the project is incomplete how the planning authority — MMRDA can issue a part OC and allow the builder to give possession of flats. Apart from this, as now the upper floors are being razed do they have requisite permission to carry out same is what the homebuyers want to know so they have moved court. If not then the authority must take action against them immediately.

Defending the allegations made by the home-buyers over razing the alleged extra floors, Lodha Group's spokesperson in the statement issued reads “Entire construction has been done as per the approved plans and we strongly refute any allegation on anything being constructed beyond the approved levels. The project has had significant delays due to regulatory issues, which have been informed to the purchasers from time to time. The permissible height was finally clarified to us in early 2018, almost 7 years after commencement of the development, and basis that we have to had to make changes to the terrace level, which is significantly complete now and will be fully ready soon.”

Moreover, they further stated that due to the regulatory issues they incurred huge losses but did not put the burden on home-buyers. It reads, “due to the changes we have incurred huge costs, and suffered other significant losses which we have absorbed and not passed onto the flat purchasers. However, we regret the inconvenience caused to our customers due to the reasons beyond our control.”

The New Cuffe Parade project comprising fourhigh rise apartments is spread across 23 acres of land at Wadala near Imax cinema, at one of the Mumbai's prime location. The MMRDA authority had invited bids for developing a 101-storied iconic tower at Wadala on design, build, own, operate and transfer (DBOOT) basis. Following which bidders like Sunteck India, Indiabulls Real Estate and Gaurhari Estate had quoted Rs 3,465 crore, Rs 3,327.50 crore and Rs 2,251.99 crore respectively, however, Lodha had quoted Rs 4,053 crore and emerged as the highest bidder and acquired the plot for development. The bidder had planned of constructing an iconic tower but it failed to receive clearance from the Directorate General of Civil Aviation (DGCA). The company is facing similar problem for the 17-storeyed World One project at Worli in central Mumbai where the DGCA granted permission for 90 floors.