The Bombay High Court while hearing an application filed by owners of Ruby Mansion, a heritage property adjoining the Orbit Haven Building at Nepean Sea Road, directed the flat purchasers of the latter to deposit Rs 50 lakh to fund removal of a rusty crane and scaffolding from the 30-storey structure. The construction of the building had been abandoned after the developers went into liquidation. There is a dispute between Axis Bank, the creditor and the flat purchasers, who claimed they paid Rs 12-30 crore.
The applicants expressed fear that the extremely corroded construction equipment may crash. Justice Anil Menon observed that the photographs obtained by BMC show that if these structures fall the consequences could be fatal causing loss of lives and destruction of property.
Axis Bank had refused to fund costs for removal of the equipment and for securing the premises. The court said that the flat purchasers are responsible for the deterioration of the structure sue to their “inaction and lethargy”; they were directed in 2017 to pay for maintenance but failed to do so. The court said that if the flat purchasers failed to deposit the required amount for the work, the court would dismiss their suits seeking allotment of the apartments.
The project was launched by Orbit Corp, run by Pujit Aggarwal, in 2009 as a 32-storey luxury residential tower at Darabshaw Lane. The project envisioned construction of duplex flats from the 16th floor and upwards, with parking facilities and a club house in lower floors. The builder collected around Rs 200 crore from the buyers and Axis Bank, which had loaned Rs 150 crore to the builder, had taken symbolic possession of the building following defaults.
The Supreme Court had recently ruled that the flat purchasers could name the bank as a party, in their suits for delivery of apartments.
Courtesy/By: Dipsi Soni
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12 Jul 2019
