Pune District Court Halts Encroachment on Amenity Space

Baner, 13th November 2023: The Pune District Court has issued a stay order preventing a private builder (not the original builder) from utilizing amenity space designated for public use by Omega Residency CHS in Baner. The layout and construction plan for Omega Residency CHS were approved by the Pune Municipal Corporation (PMC), with 10 percent of the area earmarked as “Public Amenity Space” under the MRTP Act. Despite this allocation, the space, spanning 642.90 square meters or 6910.43 square feet at Survey no. 109/3/2, remained vacant for an extended period.

Advocate Satya Muley, representing Omega Residency CHS, revealed that the builder had committed to providing the ‘Amenity Space’ to society members through documents, assurances, and oral representations. However, in the years 2021-22, the space saw the emergence of a board claiming ownership by encroaching builder, accompanied by the transportation of construction materials.

Muley emphasized that legally defined amenities, such as public gardens or parking, are the only permissible uses for Amenity Space. Despite this, the encroaching builder proceeded with construction during the COVID-19 pandemic, disregarding legal provisions and causing the area to become unsanitary. The situation also posed a risk to Omega Residency residents, as unknown laborers began residing on the Amenity Space.

In response, Omega Residency CHS filed a lawsuit against Impact Buildcon (the encroaching builder), and the Pune Municipal Corporation (PMC). During the proceedings, the PMC clarified that they had not handed over the amenity space to the builder and had not sanctioned any plans for it.

The society argued that the land allocated for developing public amenities cannot be repurposed for any other use. During the hearing, the encroaching builder was unable to satisfy the Court about their ownership of the plot  The District Civil Court, acknowledging the Society’s concerns, granted a temporary stay order. The order prohibits the encroaching builder, its agents, contractors, administrators, or any other individuals from carrying out construction, alienating, creating encumbrances, or establishing third-party interests on any part of the Amenity Space.

With the stay in place, the lawsuit will proceed for further arguments and eventual resolution.