The Karnataka High Court on Wednesday restrained a leading real estate developer from modifying, altering, renovating and developing a high-rise residential apartment complex above 40 meters from the ground level.
The court issued the directions to M/s Chalet Hotels Pvt. Ltd., which is a part of well-known real estate development firm K. Raheja Corp. Group, with regard to its project (under construction) ‘Raheja Vivarea Koramangala’ that comprises construction of two basement floors, ground floor and 17 upper floors each in 10 wings at Koramangala Industrial Layout.
The court also directed the company not to sell, agree to sell, or enter into agreement with third parties in whatsoever manner in respect of any portions of the building above 40 m.
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In his order, Justice Mohan M. Shantanagoudar further directed the company to notify all purchasers of flats above 40 m about the pendency of the litigation, and that the sale of flats was subject to the outcome of the litigation. The court made it clear that construction already complete would be subject to the result of the litigation.
The court passed the order on a petition filed by the company questioning the cancellation of a no-objection certificate (NoC) by Hindustan Aeronautics Ltd. (HAL).
HAL, on August 16, 2013, had cancelled the NoC. The reason: the Above Mean Sea Level (AMSL) of the site elevation, provided by the firm at the time of seeking NoC, was incorrect.
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HAL had originally issued the NoC on the basis of the company’s claim that the construction, when complete, would not exceed 870 m AMSL (site elevation) plus 62 m (height of the structure), a total height of 932 m AMSL.
‘Resurvey site’
However, nearly 11 months after the NoC was issued, the HAL found that the actual AMSL of the site would be about 890 m and in that event it would violate the ceiling of 932 meters AMSL, the maximum height permitted for construction. It directed the company to get a resurvey of the site elevation through a government agency.
The company had obtained an NoC based on the survey of site carried out by a private surveyor and verification of results by the B.R. Ambedkar Institute of Technology and the site elevation certificate given by the Bruhat Bangalore Mahanagara Palike.
After the petition, the High Court in August 2013 had directed the Karnataka State Remote Sensing Applications Centre to conduct the survey.
The outcome of this survey conducted last month showed that the actual site elevation is 892.33 m AMSL as against the 870 m AMSL shown by the private surveyor.
According to the terms of the NoC, if the data provided by the applicant was found to be incorrect at any stage, or whether construction could adversely affect aircraft operations, the builder would have to, at his cost, demolish the structures.
The court will continue hearing after three weeks.