A court case involving Atria Constructions and the Pune Municipal Corporation (PMC) has ended with the court lifting a stop work order on a major construction project. This ruling affects both the developer and the people who bought apartments who were caught in the middle of a legal battle.
Atria Constructions, represented by partners Mr. Dhananjay Thite and Mr. Anil Reddy, was in a legal fight with the Pune Municipal Corporation and Wellbuild Merchants Pvt. Ltd. The issue was about a stop work notice issued by the PMC, stopping construction on the Rajgruhi Residency project.
The Rajgruhi Residency project includes four towers (A, B, C, and D) with amenities and 20 floors each. Towers A and B are already completed and occupied. The argument was about Towers C and D, which Atria Constructions was building under an agreement with Wellbuild.
The PMC issued a stop work notice on December 10, 2024, for several reasons: - Alleged failure to get necessary environmental approvals. - Not finishing the realignment of a storm water drain. - Changes from the approved construction plans.
Atria argued that these claims were not true and that the stop work order was given without proper notice or reason.
"The stop work notice is completely illegal, being contrary to the record of the completed work." - Atria's lawyer
Judges G.S. Kulkarni and Arif S. Doctor found the stop work order to be random and issued without following the proper steps. They noted the lack of proper notice and the rush in making the decision. The court decided in favor of Atria Constructions, allowing the project to continue.
The court's decision also addressed the concerns of people who bought apartments and were stuck because of the halted construction. The ruling directed the PMC to issue certificates for the parts of the project that were completed, allowing residents to move into their new homes.
"Flat purchasers are unnecessarily suffering from private disputes between the petitioner and Wellbuild." - Court's observation
The court imposed costs on the municipal officials involved and Wellbuild, citing misuse of power and interference by outside parties. Atria Constructions was awarded costs for the legal battle.
The court's decision is a significant victory for Atria Constructions and the flat purchasers, ensuring that construction can continue without unwarranted interruptions. The ruling highlights the importance of following proper procedures and being fair in decisions affecting construction projects.
