Bombay High Court permits Construction Stay & Relief to 126 Thane Flat Buyers

In a significant relief for 126 flat buyers in Thane, the Bombay High Court overturned a May 2024 order by a Thane court that had stayed construction on an almost completed building. 

The High Court ruled that the relocation of one building within the Vasant Lawns complex, comprising nine buildings, was valid and permissible under the Development Control Regulations.

Objections had been raised by the housing societies of seven other buildings regarding the revision of the 2005 plan in 2017, which shifted the location of building number 8, allegedly reducing the green area for all residents. 

Justice Milind Jadhav criticized the Thane court for failing to recognize the severe hardship the stay caused to the 126 flat buyers who had invested their savings or taken loans since construction began in 2008. The court noted that the building is now nearing completion. 

The High Court emphasized that when granting a stay, the primary consideration should be to minimize the risk of injustice if the decision is later found to be incorrect. Justice Jadhav dismissed the concerns of the seven housing societies, noting that the green area had increased from 9,000 sq. m to 9,300 sq. m, as per a 2022 plan. 

The court further stated that the construction by Sheth Developers was not illegal. The original 2005 development plan for the nine-building complex underwent eight modifications up to 2022. Phase-wise construction began in 2008, with buildings 1-7 completed and handed over to buyers. Building number 8 is nearly finished, with flats already sold to 126 purchasers, while building 9 is constructed up to the plinth level.