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Mumbai: MHADA files complaint as builder allegedly breaches redevelopment terms

#Law & Policy#India#Maharashtra#Mumbai City
Last Updated : 6th Jan, 2025
Synopsis

A case has been registered against SK Realty (formerly Om Developers) for allegedly failing to transfer six flats in a redeveloped Tardeo building to MHADA, valued at INR 3.62 crore, as required under a redevelopment agreement. Instead, the flats were reportedly sold to private buyers, breaching the terms that granted the firm additional Floor Space Index (FSI). MHADA's deputy engineer, Anil Thakare, filed a complaint after repeated demands for the flats were ignored. The Nagpada police have charged the firm's directors with criminal breach of trust and cheating, with the case now under the Economic Offences Wing for further investigation.

The police recently registered a case against a construction firm, SK Realty (formerly Om Developers), and its directors for allegedly failing to hand over six flats in a redeveloped Tardeo building to the Maharashtra Housing and Area Development Authority (MHADA). The flats, valued at INR 3.62 crore, were reportedly sold to private buyers instead.


As per an engineer's complaint from MHADA, the housing authority relies on private developers for the redevelopment of cessed buildings in Mumbai due to the scale of the task. These developers are granted additional Floor Space Index (FSI) on the condition that surplus constructed areas are transferred to MHADA.

According to Anil Thakare, deputy engineer at MHADA, Wadia House in Gilder Lane, Tardeo, was allocated to Om Developers for redevelopment in 2009. The firm was required to transfer approximately 264 square metres of constructed area to MHADA. After project approval, six flats-numbers 501, 503, 504, 505, 702, and 703-were earmarked for this purpose. However, the construction firm allegedly sold the flats to private buyers, violating the agreement. Despite repeated demands, the firm failed to hand over the flats, prompting MHADA to approach the police.

The Nagpada police registered a case under sections 406 (criminal breach of trust), 418 (cheating), and 34 (common intention) of the Indian Penal Code against the firm's directors. The case has been transferred to the Economic Offences Wing for further investigation.

The allegations against SK Realty underscore a significant breach of trust in the city's redevelopment framework. The firm's failure to honour its commitment jeopardises public housing initiatives and raises concerns about accountability in such projects. With the case now under the Economic Offences Wing's purview, thorough investigation and subsequent legal action could set a precedent for stringent enforcement of redevelopment agreements in Mumbai.

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