The Bombay High Court said that the builders/developers can demolish the extra floors constructed by them in any project without seeking permission to do so. This order was given to make the builders fall under the rule of height restrictions.
While given order on a hearing, Chief Justice Naresh Patil and Justice Girish Kulkarni acting on a division bench said that a developer can trounce two floors of three wings of Lodha New Cuffe Parade which is a skyscraper in Wadala. This followed by the rejection of a plea by 24 out of 700 flat purchasers, who also sought revocation of the part for which the occupation certificate (OC) is given by MMRDA for 40 floors.
The High Court bench further said that a partial OC of the building before completion of the entire project can be given as per the development permission. The court also expressed surprise as the flat purchasers seek revocation of OC for the building. The Court also said that at the verge, we are somewhat surprised to see the nature of the prayers made by the petitioners that ask to revoke the part of OC [Occupancy Certificate] that is already granted in the situation when they are admitting to purchase of a flat in the building and also have taken the possession of the same. In fact, many are living in their purchased flats.
The Bombay High Court said that the developer/builder does not require a permission to demolish extra floors to fit in the rules.
The Court further said that the petitioners are not in a position to point out any ban in law that would restrict the developer from undertaking removal or demolition of upper floors to fit in the requisition of the building height in the approval and sanction granted by the authorities.
In this case, the AAI [Airport Authority of India] gave NOC [No Objection Certificate] to the builder for the construction of nearly 139 meters in height but the new height restrictions state nearly 134 metres for one of the towers and 136 metres for three other wings.