Pune District Court grants Stay on use of Amenity Space by a private builder

Omega Residency CHS, Baner, lay-out and construction plan was sanctioned by the Pune Municipal Corporation. As per the MRTP Act, 10 percent portion of the layout was earmarked for handing over to the PMC as "Public Amenity Space". The said amenity space at Survey no. 109/3/2, admeasuring 642.90 Sq. meters or 6910.43 Sq. ft, was lying vacant for years.

Through documents, assurances, and oral representation, the 'Amenity Space' was promised and assured to the Society Members by their builder also.

Suddenly, in year 2021-2 onwards the amenity space saw a board of a private builder coming up and some construction material was also transported to the said amenity space. The text on board claimed ownership of the said amenity space.

As per the settled legal position, an Amenity Space cannot be used for any other purpose other than the Amenities as defined under the law such as public garden, parking etc.

The builder hurriedly and at a fast pace started carrying out the construction activities on the said Amenity Space during COVID-19 days in utter disregard of the legal provisions and hence the Omega Residency CHS was constrained to file a suit to protect the said amenity space. The place started becoming filthy, and also posed a risk to the residents of Omega Residency as unknown labourers started residing on the amenity space.

The suit was filed against the builder of Omega Residency, Impact Buildcon (the new builder who encroached upon the amenity space) and the Pune Municipal Corporation.

During the arguments, the PMC submitted that they have not handed over the amenity space to the builder have not sanctioned any plan on the said amenity space.

It was also argued on behalf of the society that the land carved out fo developing public amenity can not be used for any other purpose, and only amenities which are for the welfare of the neighborhood population and as per legal provision can be developed.

The Hon'ble District Civil Court was pleased to grant a Stay and directed that the builder itself or through its agent, contractor, administrator or any other person, is hereby temporarily restrained from carrying out any construction on the suit Amenity Space, or from alienating or creating encumbrance or creating third party interest over any part of the suit space.

The suit will now proceed for further arguments and final disposal.

R.C.S. 404/2022 - Omega Residency Co.-Operative Housing Society Ltd. Through Tulsidas A. Wabale Vs Omega Promoter Pvt. Ltd. Through Amar Pal Singh

Satya Muley
Advocate - Bombay High Court
(On behalf of Omega Residency CHS - Plaintiff).

Satya Muley
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