Bombay High Court

Bombay HC: Developer's Expansion in Tardeo's 'The Imperial' Restricted by Prior Promises

Updated
Nov 23, 2025 12:39 PM
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Summary: A court has decided that the developer of 'The Imperial' in Tardeo, Mumbai, can only build a new tower with limited floor space because of previous promises. The decision is meant to protect the rights of people who already own apartments there.

Background: Dispute Over More Building

This case is about a disagreement between Rajkumar Gulati and others (the people complaining) and S.D. Corporation Private Ltd. (the company) about more building in 'The Imperial' project. Rajkumar Gulati and the others, who own apartments in the current towers, said that the company's plan to build more stuff went against earlier promises.

The Developer's Original Plan

S.D. Corporation Private Ltd. first planned to build three towers on the 'said property.' But because rules changed and they could build more, they wanted to add more buildings, including a new tower and a 'Town House.'

Court's Decision: Limiting New Building

  • Limited Construction: The court decided that S.D. Corporation Private Ltd. can only build the new Tower-C with a maximum of 38,581.64 square meters of space that can be sold, as they promised in 2009.
  • No Changes to Current Towers: The company cannot change or add to the current Towers-A and B unless the apartment owners agree.
  • 'Town House' Restrictions: They can build the 'Town House,' but it can't be attached to the podiums of the existing towers.

Developer's Argument: More Room to Build

S.D. Corporation Private Ltd. said that because they could now build more and because of changes in rules about slum areas, they should be allowed to build more. They believed these changes supported their plan for more buildings.

Court's Reasoning

  • Promises Made: The court stressed the need to stick to the original promises made to apartment buyers. It said that any building beyond these promises needs the apartment owners' approval.
  • Balancing Rights: The decision aimed to balance the company's right to build more and the apartment owners' right to know what their living space will be like.

Verdict Summary

The court's decision protects the current apartment owners by making sure any new building matches the original promises. This shows how important it is to be clear and stick to agreements in real estate projects.