The Karnataka High Court has ordered for resurvey of a prime land, on which a leading real estate developer has put up a multistoried residential complex within the aerodrome zone of Hindustan Aeronautics Ltd. (HAL).
Also, the court directed the developer, Chalet Hotels Pvt. Ltd., which is a part of well-known real estate development firm K. Raheja Corp. Group, not to put up further constructions at its “Raheja Vivarea Koramangala” project situated in Koramangala Industrial Layout.
The developer has also been directed not to sell or agree to sell or enter into an agreement with third parties in whatsoever manner in respect of any portion of the building till the outcome of the resurvey.
However, the court quashed HAL’s order of cancelling the No objection Certificate (NoC) given to the entire residential complex without ascertaining which portions of the complex were built in violation of the conditions of the NoC.
Justice B. Veerappa passed the order while partly allowing the petition filed by developer while declining to issue directions to HAL to revalidate the NoC for a period of five years. The court in 2013 itself had issued interim directions to stop further constructions.
The project, comprising construction of two basement floors, ground floor and 17 upper floors each in 10 wings, was commenced in 2011 after HAL on October 28, 2010 granted NoC. Construction of five wings were completed up to 17 upper floors till September 2012 before the HAL raised objection before cancelling NoC. HAL, on August 16, 2013, cancelled the NoC alleging that the Above Mean Sea Level (AMSL) of the site elevation, provided by the firm at the time of seeking NoC, was incorrect. NoC was issued on the basis of the company’s claim that 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.
However, nearly 11 months after the NoC was issued, 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 m AMSL, the maximum height permitted for construction, and had asked developer to get a resurvey of the site elevation through a government agency.
On the claims of the agreement holders/purchasers of flats from the developer, the court said that they are at liberty to approach the developer for alternative flat or the competent court for relief.