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2 builders move Bombay HC seeking change in alignment of bullet train - Report

Infra News - Published on Mon, 22 Apr 2019

Image Source: The Financial Express
Indian Express reported that two builders have moved the Bombay High Court against the alignment of the INR 1.08 crore Mumbai-Ahmedabad bullet train project as it will require portions of their land and thus affect an under-construction 13-storey residential tower project at Vasai. The petitioners informed the court that 95 per cent of construction is completed and around 50 flats have been sold. The petitioners, Kalash Devcon LLP and Chetna Land Developer, are independent partnership firms in the residential project and are seeking to change the alignment of the high-profile bullet train project.

Last week, senior counsel M M Vashi mentioned the petition before a division bench of Justice R M Borde and Justice N J Jamadar. It is likely to be heard next week.

However, the petitioners are seeking directions to the Collector and the National High-Speed Rail Corporation Limited (NHSRCL) not to take up further steps for implementing the bullet train project unless they follow the Provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

The petition states that Deepak Shah, one of the respondents to the petition, owns 10,260 sqm of land at Gokhivare village, Vasai taluka. Shah permitted Chetna Land Developer to construct a 13-storey residential building with 177 flats on stilts on the land for a consideration of Rs 11.51 crore. The firm further granted development rights to Kalash Devcon LLP to construct the residential building by giving a security deposit of Rs 3 crore and 45 per cent flats, through an agreement in August 2014.

Shah was granted permission by Vasai Virar City Municipal Corporation in 2014 to construct the building. Kalash Devcon LLP constructed the building and sold 50 flats.

The petition said that if they did not give possession to these flat buyers, the petitioners will be hauled up for violating the provisions of the Maharashtra Ownership of Flats Act and the Real Estate Regulatory Authority Act.

The petition further added that “That most of the buyers belong to middle-class families. They have obtained personal loans from banks/financial institutions/companies and are paying interest on the loans. Therefore, not only the petitioners, but even the buyers will be adversely affected.”

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Posted By : Rabi Wangkhem on Mon, 22 Apr 2019
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