The National Green Tribunal (NGT) has directed Resilience Realty Pvt. Ltd., a subsidiary of Rustomjee Realty to inform prospective buyers of flats at Rustomjee Oriana project at Kala Nagar, in Bandra, that the matter is pending before the tribunal and would be subjected to the final outcome of the litigation.
The order was passed by the Pune Bench of the NGT comprising Justice VR Kingaonkar and Dr. Ajay Deshpande, an expert while hearing a petition filed by a resident Anil V. Tharthare. They observed, “In the mean while, if any third part right or assignment is created hereafter by respondent No.6, then third party be informed that such assignment is subject to the outcome of pendency of present litigation.
Tharthare had approached the NGT challenging the Environment Clearance granted to the pro0ject by the authorities’ concerned. Aditya Pratap, Advocate for Tharthare, argued that among other violations of the development control regulations, 1991.
The Judges, however, refused to go into the merits of the matter and asked the developer to inform prospective buyer before creating any third party rights. “At this juncture, we do not wish to make any comment on the merits of the matter, in as much as the issues are yet to be thrashed out,” observed the Bench.
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