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In a recent development, the Bombay High Court has directed MHADA to issue an occupancy certificate (OC) to a builder for the free-for-sale Ekta Tripolis towers within two weeks. This decision has come as a relief to flat buyers in the free-for-sale component of Goregaon's Patra Chawl redevelopment project. The HC bench, consisting of Justices Gautam Patel and Neela Gokhale, had also noted that the entire project was out of balance.
The project involves the redevelopment of 672 tenements on MHADA land by Guru Ashish Construction, a subsidiary of HDIL, and is spread over 47 acres. The deal for the rehabilitation of 672 tenants was made in 2008, and in 2018, MHADA had terminated the joint development agreement (JDA) on the grounds of the builder failing to stick to the timeline.
Last month, the National Company Law Tribunal allowed MHADA to exclude the entire property known as Siddharth Nagar from the liquidation estate of Guru Ashish, holding the developer responsible for violating the JDA. The project had come under the spotlight with Shiv Sena leader Sanjay Raut's arrest on July 31, 2022, by the Enforcement Directorate in an alleged money laundering case connected to the redevelopment.
The petition filed by 15 flat purchasers in Ekta Tripolis sought judicial intervention for the issuance of the OC. The free-sale component construction had continued, and at least two of the three towers made by Ekta Everglade Homes Pvt Ltd are complete and awaiting OC. The HC was told that three builders, including Ekta Everglade, have completed construction, and MHADA had filed an affidavit in reply, stating that Ekta cannot be given OC till Guru Ashish hands over MHADA its component.
The HC order of February 22, 2023 stated that about 68% of the rehabilitation component was done. On Tuesday, after hearing senior counsel Zal Andhyarujina for flat buyers, Pravin Samdhani for Ekta Everglade, and advocate Manisha Jagtap for MHADA, HC said that since MHADA is at the helm of development, it could see no reason why it could not issue OC to towers A and B in Ekta Tripolis, completed in 2020-21.
In conclusion, the recent decision of the Bombay High Court to direct MHADA to issue an occupancy certificate to a builder for the free-sale Ekta Tripolis tower in two weeks has come as a relief to flat buyers in the free-sale component of Goregaon's Patra Chawl redevelopment project. The project, which involves the redevelopment of 672 tenements on MHADA land, has been under the spotlight due to the alleged money laundering case connected to the redevelopment. With this decision, the project is expected to move forward, providing much-needed relief to the flat buyers who have been waiting for their occupancy certificates.
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