Supreme Court allows realtor to build two residential towers in Egattur

The two towers are coming up on plot 36 where a club house was originally planned to be constructed.
The Supreme Court of India
The Supreme Court of India(File photo | ANI)
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CHENNAI: The Supreme Court has granted permission with conditions to Hiranandani Realtors Private Limited to go ahead with construction of two residential towers in phase-II block 36 in its Egattur township.

By modifying an interim order of status quo passed on December 2, 2024, a bench of justices BV Nagarathna and Sanjay Karol recently passed the order on an interlocutory application to permit the construction to be carried on.

The two towers are coming up on plot 36 where a club house was originally planned to be constructed. However, the builder had changed the plan so as to shift the club house to plot 37.

The Hiranandani Residents Welfare Association filed a writ petition in the Madras High Court against the change of plan but a single judge dismissed it in 2023. Subsequently, a writ appeal was filed by the association and a division bench, in 2024, set aside the order of the single judge and ruled against changing the original building plan. However, the division bench said the plan of constructing the club house could be shifted if two thirds of owners of the existing towers agree to it.

Challenging this order, the Hiranandani group moved the Supreme Court with a special leave petition and then, the interlocutory application for modifying the interim order stating that it could not proceed with the construction due to the status quo order.

The apex court directed the petitioner-firm to ensure all facilities as proposed in the club house are constructed and made available to the residents of the said project at the earliest, preferably by December 31, 2025, and at any rate on or before March 31, 2026.

Referring to carrying on the construction of the two towers, it said, “The petitioner/project proponent shall be permitted to complete two residential towers in Bloc 36. However, the said construction would be at their risk and subject to the final result of the special leave petition.”

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