Bombay HC to Cidco, Legal News, ET LegalWorld – Legal Firms

MUMBAI: With a housing society in Kharghar, Navi Mumbai, asserting its right to the only open space within its premises, Bombay high court has directed the City and Industrial Development Corporation (Cidco) to submit a report on whether or not it is necessary to build a clubhouse there.

Justices Ramesh Dhanuka and Kamal Khata passed the direction on a 2018 petition by Spaghetti CHS at sector 15 with 4 buildings. They are part of a large layout of 9 buildings with 1456 flats that were constructed by Cidco as part of a mass housing scheme and completed around 2005. In October 2018 the HC had stayed implementation of Cidco’s January 2018 tender to construct a 9094 sq ft clubhouse.

Spaghetti’s petition said the proposed location for the clubhouse is the only open space available and has become an integral part of the society. It is used for holding various functions, morning/evening walk, as play area for children and as a place for senior citizens to gather and spend their leisure time.

At the October 18 hearing advocate Kunal Bhanage, for Spaghetti, said every housing society is in exclusive occupation of some part of the open space without allowing others to use and occupy it, Cidco’s advocate G S Hegde disputed Spaghetti’s exclusive use of the open space.

He said if all the four societies jointly agree that the clubhouse is not required, Cidco will not construct it on the open space within Spaghetti society. In view of the controversy, the judges directed that Cidco’s executive engineer will hold a meeting of all four societies so that a joint decision can be taken by them. Cidco’s report will state if the clubhouse is required or not. Also if it is required, on what portion of land should it be constructed as may be agreed upon by the societies. They sought details of “exclusive open area” being used by each society. CIDCO has to submit the report before the December 5 hearing.

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