39 flat buyers get keys in bldg built under HC lens

MUMBAI: Thirty-nine flat buyers were handed over keys in a free sale building which was constructed under the Bombay high court's supervision in Goregaon (W) on Sunday . A threemember committee had been appointed by Justice S J Katha walla of the HC to oversee the construction.
The buyers had moved court last year alleging that they were being cheated, the project was delayed by seven years and possession was uncertain as the builder, Shekhar Dadarkar of SD Construction, had left them high and dry.Siddharth Nagar Ekta Suprabhat CHS had moved the HC last year against SD Construction for delaying redevelopment.The builder was to construct 145 flats in two buildings, including 85 flats for free sale in a proposed 19-storey highrise.An association of 56 people who paid market rates for flats in 2010-12 in the second wing also feared they were being cheated by the builder and had last year moved the HC through their lawyer, Tushar Gujjar.
The HC had passed hard-hitting orders against the builder, who also owns financial firms, for “cheating“ original tenants and flat buyers by collecting crores from them and denying them legitimate possession. On court orders to probe a tenant's complaint against him, the economic offences wing of Mumbai police had even arrested Dadarkar last September. He was in custody for 60 days before getting bail.
The high court had first ensured that 79 original families who had vacated their flats a decade ago for the promised redevelopment were rehoused in June.
Dadarkar was present at a similar key-handing ceremony then but this time, three of the court-appointed panel Ajay Dedhia, D M Prabhudesai and Darshan Jhala did the honours, as they had completed construction. The court had constituted the committee last November with a representative each from the builder, flat buyers and society . The two wings only had a skeletal structure up to 17 floors at the time. Dedhia, a local builder, represented by advocate Viraj Maniar, stepped in to help and was appointed by the high court, as were Prabhudesai, a flat buyer, and Jhala an original society member.
The case, observed the high court, represents one of the many where a society and a builder are caught in court battles over delays and breaches after redevelopment deals. The remaining buyers will now get possession on paying the balance.
The court will hear the matter on September 27 to pass further orders.