SC Directs Appellants To Deposit Rs.2 Crores With Registry Within Four Weeks To Ensure Next Listing Of The SLP [Read Order]

The Supreme Court bench of justices Madan B.Lokur and Deepak Gupta, on Friday, directed appellants in a case involving unauthorised construction of high-rise residential-cum-commercial complex in Vododara, Gujarat, to deposit an amount of Rs.2 crores within four weeks in the registry of the court, to ensure that the matter is listed again.

In the impugned judgment, the High Court had held that since the builder had already sold certain number of flats to the customers, third party rights have been created, and therefore, it would not be proper to pass the order of demolition of such construction.   The High Court had directed the builder to deposit, as development charges,  an amount of Rs.4,81,13,500 within a period of six months from June 27 to the Corporation, of which Rs.2,40,00,000 were  to be deposited within eight weeks from June 27.  The High court had insisted on the deposit of this amount conditional for the vacation of its stay on further construction.   The stay was granted on October 21, 2015.

Apart from the Urban Housing and  Development Department of the Gujarat Government, the Municipal Commissioner of the Vadodara Municipal Corporation have been named as respondents.

The bench also directed the appellants, Ambani Builders Private Limited, to file an affidavit about the steps taken to prevent fire hazards and disposal of municipal waste.

Senior counsel, Dr.Abhishek Manu Singhvi represented the appellants.