CHENNAI: The Madras High Court has directed the Jains Housing and Constructions Limited to submit a plan chalking out various aspects, including the undivided share (UDS), of Jains Westminster apartments in Chennai, which will face either reconstruction or re-development following complaints of damages and poor construction.
“The builder is now directed to submit a plan which is their proposal; so that others will be able to compare whether what (UDS) they are offered is just (or not). It is also made clear that the plan will ensure no reduction in the UDS,” a division bench of Justices SS Sundar and N Senthilkumar said in a recent interim order.
The bench further stated that there would be adequate compensation for the reduction in the percentage of UDS. The interim orders were issued on the petitions filed by the flat owners seeking re-construction of the flats. Saying that the court and the committee appointed by it will do their best in the interest of every flat owner who is in “vulnerable situation”, the bench cautioned that it will not permit the situation to be exploited for personal gain.
It asked the committee, consisting of two retired Madras HC judges, to take into account the unsold flats and the representation submitted by the builder as their owners.
Issuing a warning against creating a “false narrative” about the proceedings of the court, the bench asked the committee to ensure every member of the flat owners association and the flat owners get correct information about the nature of the court proceedings.
Referring to the allegations made against certain members of the association of threatening the office-bearers and complaining against their counsel, the bench warned that anybody interfering with the administration of justice will be viewed seriously and persons indulging in misdeeds will be prosecuted for criminal contempt. The court adjourned the matter to October 15 for further hearing.