Bombay HC Supports CIDCO's Decision to Halt Ulwe Project Amidst Land Ownership Conflict

Bombay HC Supports CIDCO's Decision to Halt Ulwe Project Amidst Land Ownership Conflict

Bombay HC Supports CIDCO's Decision to Halt Ulwe Project Amidst Land Ownership Conflict

The Bombay High Court has upheld the decision of a civic body to issue a stop-work notice for a construction project in Ulwe, Navi Mumbai, due to an ongoing land title dispute. The court dismissed the builder’s petition, reinforcing the authority of the civic body to halt construction when the ownership of the land is in question.

The case dates back to 2016, when construction was halted on the grounds that the land ownership was disputed. It was later revealed that the land had been allotted to a trust under a government scheme affecting landowners during the development of the area. The builder had been granted development rights but faced opposition when concerns were raised about the authenticity of the land title.

The builder argued that it had been the lessee since 2008 and had invested heavily in the project, with buyers already committed to purchasing units. However, the civic body contended that the project was built on land that had already been allocated to the trust. The High Court agreed with the civic body’s stance, stating that such disputes over land ownership must be settled through civil court proceedings, not through administrative or judicial intervention.

The bench ruled that the stop-work notice was legitimate, dismissing the builder’s plea. However, the builder was granted the option to seek a resolution in civil court. This decision has significant implications for the construction industry in the area, reinforcing the importance of clear land title documentation before initiating large-scale developments.

About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/