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Earlier this week, the Bombay High Court reversed a landmark 1995 decision by the City Civil Court that had imposed restrictions on constructions above seven feet on a property located at Altamount Road in Malabar Hill. The ruling paves the way for the development of the property, resolving a long-standing legal hurdle.
The origins of the dispute date back to 1890 when Dady Manekji Limji, the title holder of a vast plot measuring 38,000 square yards known as Altamount, conveyed a portion to Currimji Alibhai while retaining approximately 25,821 square yards, referred to as New Bunce or Mount Petit. Limji imposed a condition prohibiting the construction of walls or structures above seven feet from the level of Altamount Road on New Bunce, a restriction upheld by subsequent conveyors in 1909, 1937, and 1948.
In 1957, the property was divided into plots and sold to various buyers, including Habib Mohammad Hoshambhoy, who later sold the plot to Pashmina Cooperative Housing Society in 1968. The dispute arose when the society constructed concrete columns, leading Hoshambhoy to oppose the construction, citing a breach of the 1890 height restriction. This led to a legal battle that ended in the City Civil Court's 1995 order mandating the demolition of the columns.
The housing society contested the decision, arguing that the original agreement applied solely to the original Altamount property and not the subdivided plots. They further asserted that their construction would not interfere with neighboring plots and, in light of nearby high-rises, claimed entitlement to additional structures as per existing development rules.
In a decisive judgment, a single-judge bench headed by Justice Anuja Prabhudessai carefully reviewed the arguments. The court held that restrictions on a property's beneficial enjoyment could only be imposed for the benefit of another similar property. Citing ample evidence of constructions beyond seven feet on comparable restricted properties, the court struck down the outdated restriction, bringing a resolution to the longstanding legal dispute.
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