Decide by December on Mahim residents' claim to open space: HC to trial court

Decide by December on Mahim residents’ claim to open space: HC to trial court

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Decide by December on Mahim residents’ claim to open space: HC to trial court

MUMBAI: The Bombay Supreme Court ordered a lower court to decide on December 15 whether a developer could build additional towers several stories in the open space of two housing cooperatives to Mari Nagar, Mahim.

Judge Gautam Patel’s injunction was filed by an appeal from San Miguel Iglesia against an order of the Civil Court of the City in September 2016, which prevented further development. Our Cooperative Housing Corporation María Auxiliadora Vailankanni and filed a lawsuit to direct the church owns the land on which the buildings are located, to execute a means of transportation in their favor.

Residents requested a temporary restriction on the Suraj developer’s premises indicates that the proposed construction would reduce its open space, including three gardens. The court of first instance in September restricts the construction of the elimination of the test.
The Church has called for this order. His lawyer S C Naidu claimed that there were 20 buildings in the original layout. Fifteen buildings were demolished and their occupants were housed in two buildings of several floors.

He said five buildings that still remain. He also said that due to the modification in the development control regulation, a separate building will be given to Mhada.

The company’s attorney argued that the church and the manufacturer “attempted to illegally charge additional space for indices or transfer of development rights on the ground for construction unlike their fiancé.”

Justice Patel in his order of June 3, pointed out that due to the continuous development of the construction, the impact is felt more by the people “that accommodation in the remaining five buildings were promised” and that Mhada will not be able to build his house Public.

“At the same time, it allows the construction of proceeding would be likely to have irreparable and irreversible damage to the plaintiffs,” he added.

It ordered that the stay will continue until the elimination of the judgment and four weeks later in case of discharge. The parties must appear before the court of first instance on July 28 and the court is requested to “try to complete the process” and to give its verdict before December 15.

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