Oscar Builders and its flat buyers have been locked in multiple civil disputes over several issues.
MUMBAI: The Bombay High Court has dismissed a writ petition by Oscar Builders for seeking the demolition of alleged illegal construction in Oscar Towers building in Mumbai Central questioning why the petitioner was “in slumber” for 12 years and sought the same relief given to him in 2004.
“It is well settled that the relief granted by the court to a party cannot be sought by the party time and again by filing successive proceedings merely because the earlier orders are not implemented. This would not only vex the opponents but would also vex the court. The petitioner was in slumber for more than 12 years after the orders in the two proceedings are passed in favour of the petitioner,” said the HC bench.
The bench comprising Justices Vasanti A Naik and Riyaz I Chagla said in an order ruled on December 7 dismissing the petition filed on behalf of Shabbir Patel, chairman of Oscar Builders Pvt Ltd which constructed 14-storey Oscar Towers in 2000 near Maratha Mandir cinema in Mumbai Central.
“It is necessary to note that the petitioner is the builder-developer who has constructed the said building in the year 2000 and the Occupation Certificate was granted in 2001-2002. We are surprised that the petitioner, being the builder-developer of the building and having constructed the building in 2000-2001, should complain about certain illegal construction,” the order said stating that the court was unable to gauge why Patel had approached the court for the third time after more than 12 years when the relief sought by him was granted in the first proceeding.
Oscar Builders Pvt Ltd and its flat buyers have been locked in multiple civil disputes over several issues. Alleging that certain buyers had done illegal alterations in the building, the developer had filed the writ petition seeking action against Municipal Corporation of Greater Mumbai to implement the notices issued in 2002, 2009 and 2013 under section 351 and 353 of the Mumbai Municipal Corporation Act and to comply with the High Court orders dated January 25, 2002 and June 25, 2004.
In January 2002, the High Court had permitted the Corporation to take appropriate action against the flat owners that had arbitrarily made illegal constructions and demolish the work, if any, as per the law. Notices were also issued against some of the occupiers of the flats as per the 2002 order. Separate civil suits were filed by Oscar Builders against some occupants in 2001 and notice of motion was filed in these suits.
While disposing the notice of motion in each of the suits, the High Court had directed the Municipal Corporation to proceed with the matter irrespective of the pendency of the suits as per the law.
“It is apparent from the aforesaid set of facts that the petitioner has moved this court time and again for seeking a direction against the Corporation to initiate action against the erring respondents and for removal/demolition of the illegal construction. The same relief cannot be sought by a party time and again by filing successive proceedings,” the order said adding “the petitioner had filed proceedings in 2001 and 2002 and in both the proceedings appropriate orders, directing the respondent Corporation to take action in accordance with the law, were passed. If the Corporation has not taken action in pursuance of the said orders, the petitioner had other remedies.”