The court directed all municipal corporations in the state to publish in local newspapers the names of those developers who have sought regularisation of their unauthorised structures.
The Bombay high court on Thursday directed all municipal corporations in the state to publish in local newspapers the names of those developers who have sought regularisation of their unauthorised structures.
A division bench of chief justice Mohit Shah and justice DG Karnik gave the direction while hearing a public interest litigation filed by social activist Rajendra Thacker alleging that developers often distribute brochures misleading flat buyers. Thacker had claimed that some of the facilities shown in the brochures are for representational purpose only, which is written in a very fine line in the brochure.
Advocate Sumedha Rao, appearing for the petitioner, argued that the developers construct buildings in violation of rules and when the corporation issues stop work notice, they (developers) show willingness to pay penalty.
The PIL had cited the example of Lodha builders that, according to the petition, has distributed brochures on March 12 for an upcoming project at Dahisar — Lodha Aqua. The brochure shows beautiful waterfalls, individual pools with decks, lush-green podium, a grand clubhouse spread across 10,000 sq ft with a gym, pool, café, full-sized cricket pitch, badminton and basketball court, Jacuzzi and more.
The PIL stated, “On perusing the brochure, the petitioner was shocked to read in small print at the bottom: ‘In select Residences. Images for representative purpose only. Conditions apply’. The brochure announces a discount of up to Rs7.5 lakh between March 7 and April 4.” The brochure also stated that possession has commenced. However, the PIL contends, that there was no mention of issuance of an occupation certificate for the buildings.
The PIL thus prayed that all the civic bodies be directed to publish names and schemes of builders and their projects against whom legal steps are initiated for rule violations, in one local newspaper and in one newspaper circulated all over Maharashtra. It prayed that Lodha builders should be restrained from giving possession without getting an OC for Lodha Aqua. It also sought inquiry into the 26 unauthorised towers of Casa Univis and concerned officers be held guilty for failing to stop the same at appropriate time.
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