MCGM Declines Stop Work Notice for Godrej Properties' Kandivali Project

MCGM Declines Stop Work Notice for Godrej Properties' Kandivali Project

MCGM Declines Stop Work Notice for Godrej Properties' Kandivali Project

Municipal Decision Favors Continuation of Construction
The Municipal Corporation of Greater Mumbai (MCGM) has decided against issuing a stop work notice for Godrej Properties’ ongoing residential project in Kandivali. This decision comes despite a request from the defence ministry’s Central Ordnance Depot (COD), which had raised concerns about the project's proximity to the Kandivali COD complex.

Defence Ministry Concerns
The defence ministry unit had previously written to the civic authority, requesting a suspension of work at the 'Godrej Reserve' project, citing its closeness to the COD complex. The project spans an 18.6-acre land parcel and is estimated to generate Rs 7,000 crore in revenue. According to the company’s FY24 regulatory filing, approximately 1.91 million sq ft of the project has been launched, with bookings for 1.51 million sq ft worth Rs 2,693 crore already secured.

MCGM's Legal Standpoint
The MCGM, in its response to the COD, highlighted that numerous ongoing developments are within the vicinity of the COD in Kandivali and Malad. The civic authority noted that these projects comply with the circular dated October 21, 2016, which allows construction beyond 10 meters from defence establishments. Therefore, issuing stop work notices to such projects would not be in accordance with the law.

Official Statement
The letter from MCGM’s building proposal department, dispatched to the COD on Tuesday, stated: “The construction being undertaken is permissible under the provisions of the Maharashtra Regional Town Planning Act, 1966, and Development Plan, 2034, which was formulated after considering all aspects of safety and security. We have not received any suggestion/objection while making the development plan 2034, and there is vast existing urban settlement and construction in the vicinity.”

Defence Ministry Guidelines
In a note issued in May, the COD had pointed out that the Godrej plot is within 500 meters of the Kandivali complex, referring to the union government’s May 2011 guidelines. These guidelines prohibit construction within 100 meters of any defence establishment and limit construction to a maximum of four storeys within 100-500 meters, pending a no-objection certificate (NOC) from the defence ministry. However, the project's permission was granted during a transitional period between the Bombay High Court's decision to discontinue the NOC requirement and the Supreme Court’s ruling to uphold it in February.

Godrej Properties' Project Potential
Godrej Properties acquired the plot in December 2022, planning a development potential of about 3.72 million sq ft with an estimated revenue potential of nearly Rs 7,000 crore. The project will mainly feature premium residential apartments and some retail units, benefiting from a prime location with access to the Western Express Highway, metro, and suburban railway stations.

Record Performance
Godrej Properties reported its best-ever quarterly and annual performance in terms of sales bookings, net profit, collections, project deliveries, and business development for the period ending March.

Conclusion
The decision by MCGM to continue Godrej Properties' Kandivali project underscores the regulatory balance between urban development and security considerations, paving the way for further advancements in Mumbai's real estate landscape.
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

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