MHADA's costliest flats hung out to dry over legal tussle

The top three costliest flats under the Maharashtra Housing Area Development Authority (MHADA) lottery have landed into legal trouble. The Dhavalgiri Cooperative Housing Society has approached the Bombay High Court seeking for MHADA to disclose documents that show that the housing authority is in ownership of the advertised flats. Each flat is being sold for around Rs 5 crore under the lottery.

A division bench of Justice BP Dharmadhikari and Justice Sarang Kotwal, on Monday, asked the authority to handover the property title documents to the society. It also asked MHADA to clarify whether it will bear the arrears society maintenance charges running into lakhs of rupees, or if the lottery purchaser will have to bear the same.

Advocate Bhavesh Parmar, appearing for the society, argued that MHADA, in absence of any document to demonstrate their right/title and interest including ownership in the three 2-BHK flats — cannot and should not be allowed to advertise and sell the flats. He also argued that there are maintenance dues for each flat which must be cleared before the sale.

The last date for filling application forms is December 10, for the 1,384 flats. The lottery will be held on December 16. The most expensive house is located in the Dhavalgiri building. The flat measures 965 sq ft. There are two other flats — one on the third floor and the other on the fifth floor. These flats were constructed in 2010, and have been lying vacant since 2013.

The society in its petition claims that though MHADA is in possession of the flats since 2013, till date no documents have been furnished to the society. A legal notice sent to the authority states that advertisement is being done with an intention to favour Lodha Developer, who has strong political nexus within the state and Central Government.

Counsel for MHADA denied the charges and informed the court that it was in possession of the flats, and was willing to hand over the property documents to the society. The plea sought for staying the operation and effect (sale) of the flats advertised at the society. However, the court refused the same and posted the matter for further hearing on January 15, 2019.

WILL AUTHORITY BEAR MAINTENANCE?

Society argued that maintenance dues running into lakhs for each flat must be cleared before sale

Rs 5.80 cr – Cost of the most expensive house under MHADA lottery located in Dhavalgiri CHS at Cumbala Hill

44 – number of applications received for Dhavalgiri CHS

Rs 5.13 cr – Second costliest house under the lottery 

44 – number of applications received

Rs 4.99 cr – Third costliest house under the lottery crore have also received around 44 and 42 applications each

42 – number of applications received

THREE MOST COSTLIEST MHADA FLATS IN QUESTION

• Flats in Dhavalgiri society were constructed in 2010, and have been lying vacant since 2013 
   
• The society in its petition claims that though MHADA is in possession of the flats since 2013, till date no documents have been furnished to the society
   
• A legal notice sent to the authority states advertisement is being done with an intention to favour Lodha, who has a political nexus within the state and Centre
   
• Counsel for MHADA denied the charges and informed the court that it was in possession of the flats