HC relief for Mahim Church plot residents

HC relief for Mahim church plot residents
In a relief for residents of a building on St Michael Church property at Mahim, the Bombay high court has directed the trial court to decide afresh whether a builder should be restrained from carrying out construction of a multi-storeyed tower on plots reserved for three gardens.
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HC relief for Mahim church plot residents

| Jul 22, 2016, 01.14 AM IST

Mumbai: In a relief for residents of a building on St Michael Church property at Mahim, the Bombay high court has directed the trial court to decide afresh whether a builder should be restrained from carrying out construction of a multi-storeyed tower on plots reserved for three gardens.

Justice R M Savant heard an appeal by members of Our Lady of Vailankanni and Perpetual Succour Housing Society against the dismissal of its application against Suraj Estate Developers by the City Civil Court. The high court disagreed with the trial court that the plot was a Mhada property and provisions of Maharashtra Ownership of Flats Act did not apply to it.

The judge, said that in the instant case, it cannot be said that the property belongs to or is vested in the housing authority which is a pre-requisite for provisions of the Mhada Act to be applied.

“Merely because the redevelopment is in respect of structures which are amenable to cess which a private landlord is required to pay to the municipal corporation, it would not mean that the properties either vest in or belong to the Mhada,” said Justice Savant, while ruling that the trial court’s order that Mhada Act is applicable on the plot is unsustainable. The trial court is directed to decide the issue within six weeks and also look into what will be the effect on the redevelopment vis-a-vis the obligations under MOFA.

The residents had moved the trial court for directing the church, the owner of the land on which the building stands, to execute a deed of conveyance in favour of the Society. It was in this matter, the residents sought an interim restraint on the builder.

They argued that a clause in the agreement between Suraj and the flat purchasers provides that it shall be subject to the provisions of MOFA.

Also, that the developer cannot construct without the consent of the Society. But the trial court dismissed their plea saying development is being carried out in terms of the modified DCR 33/7 and Mhada’s no objection certificate has been obtained as 12 cessed structures and Quinny House are to be rehoused free of cost. Therefore provisions of MOFA will not be applicable, it had ruled.

 

About The Voice Of Bombay's Catholic Laity

Bombay Laity Ezekiel’s Chapter 3 Task as Watchman 17 “Son of man, I have made you a watchman for the people of Israel; so hear the word I speak and give them warning from me. 18 When I say to a wicked person, ‘You will surely die,’ and you do not warn them or speak out to dissuade them from their evil ways in order to save their life, that wicked person will die for[b] their sin, and I will hold you accountable for their blood. 19 But if you do warn the wicked person and they do not turn from their wickedness or from their evil ways, they will die for their sin; but you will have saved yourself.
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2 Responses to HC relief for Mahim Church plot residents

  1. Isaac Gomes says:

    Great news. This is what we know as Good News!

  2. joseph says:

    The church resold land that it sold to the society members,cheating the laity,shameless scoundrels and theives ,hand in glove with the builder to cheat the laity,the residents of the towers were sold flats that they would be provided two tennis courts,swimming pool,jogging track,jacuzzi,squash court,club house and the works and nothing was given to the flat purchasers

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