The Bombay High Court allowed him to develop nearly 80% of the 470 acres of land in and around Malad embroiled in a bitter legal battle between the Raheja brothers.
Granting partial relief to construction giant Gopal Raheja, the Bombay High Court on Friday allowed him to develop nearly 80 per cent of the 470 acres of land in and around Malad embroiled in a bitter legal battle between the Raheja brothers.
Chief Justice Swatanter Kumar and Justice SR Sathe partly allowed Gopal’s appeal against a single judge’s order, which had brought development on the entire chunk of land to a standstill. The HC has now restrained Gopal from carrying out construction or creating any third party rights only on 21.42 per cent of entire land.
Gopal’s younger brother Suresh claims that of the 470 acres owned by the Raheja family approximately 100 acres (21.42
per cent), is due to him as part of a 20-year-old “written” family agreement. Else, he is claiming a
whopping compensation of Rs 783 crore.
Friday’s order has directed Suresh to furnish an undertaking and security bond to the extent of 21.42 per cent of the valuation clause of the plaint within four weeks to the court to compensate Gopal in the event the suit is finally dismissed.
The duel began a year back with Suresh dragging Gopal and Chandru to court for what he claimed to be his share of family property meant to be divided between the three brothers years ago. This included vast tracts in Goregaon, Malad and Borivli which was originally owned by F E Dinshaw, one of Mumbai’s biggest landlords
In March 2007, a single judge of the HC had issued a status quo order on all vacant land or plots where construction had hitherto taken place up to the plinth level causing a huge setback to Gopal. Development on the land had begun in 2000 and about 20 buildings had been built and occupied while 30 more were under construction.
The land involved is more than the 400 acres of mill property across central Mumbai and includes residential and commercial projects. Nearly 350 acres of it still falls in a No Development Zone (NDZ) and can only be developed for tourism or as Info Tech parks.
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