Don’t construct beyond 40m: HC

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High court

BANGALORE: The Karnataka High Court on Wednesday passed an interim order restraining M/s Chalet Hotels Pvt Ltd, part of the K Raheja Corp group of companies, from undertaking construction beyond 40 metres from the ground level. This is with regard to Vivarea, its residential project in Koramangala Industrial Area, which is close to HAL airport.

Justice Mohan M Shantanagoudar passed this order on a petition filed by the company. He also directed the company not to modify/ alter/ renovate the building portion beyond 40 meters and not sell or create any third party interest in it. The company must notify that the sale of flats is subject to the result of a writ petition pending before the high court and purchasers should not claim equity.

Interestingly, the Karnataka Remote Sensing Authority surveyed this area last month following a court direction. Its findings matched with claims made by HAL authorities.

Petitioners’ claim:

The company, which proposes to construct a residential building complex having two basement floors, ground floor and 17 upper floors, challenged the August 16, 2013 order passed by defence authorities wherein the no-objection certificate issued on October 28, 2011 was cancelled.

HAL authorities, who conducted a random check through the Survey of India, sought a clarification from the company after it found that the height of the building is much more than the 932 metres above mean sea level, the permissible limit. They cancelled the NOC holding as there was no proper response from the company.

The petitioners contested it and claimed that it had got a survey done by aeronautical experts and there is no bar till 957 metres. The court allowed impleading applications filed by two persons who have booked flats in the 11th and 14th floors and also one by flat owners in the neighbourhood.

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