The case has been registered under the Maharashtra Ownership Flat Act (MOFA).
MUMBAI: The Vanrai police in Goregaon on Tuesday registered a case against builder Lodha and four others for illegal use of one lakh square foot area to construct a residential tower, Lodha Fiorenza, in Goregaon (east)
The case has been registered under the Maharashtra Ownership Flat Act (MOFA). The residential tower was constructed next to Hub mall. The builder had used the mall's FSI for constructing the residential tower, the police said. For the last two years, shop owners in the mall have been fighting the builder for formation of society and getting the conveyance deed.
"The case was registered based on an application filed two months ago by the mall occupants. After carrying out an inquiry, the FIR was filed against Lodha, Deshbandu Gupta, Khushiram Gupta and Nilesh Gupta. The builder failed to form the society, did not issue the conveyance deed and extra FSI meant for the mall was used illegally for constructing the residential tower," said Mumbai police spokesperson, DCP Ashok Dudhe.
An official spokesperson of Lodha Group said, "We have been informed that an FIR has been lodged in Goregaon police station against the Guptas of Lupin Pharma ('erstwhile promoters) and the fourth name is mentioned as 'Lodha' without specifying the company name. We would like to clarify that Lodha group has nothing to do with Hub mall and the mall was developed/sold prior to our taking over of the firm which owns the land."
Mall secretary Prashant Agrawal told TOI that they have been fighting the case since 2005.
But the Lodha spokesperson denied this. "Lodha has never had any commercial dealing/sale with PK Agarwal and hence, is not connected with the matter in any manner. PK Agarwal, who owns Hub mall, has been engaged in litigation for last four years and the Bombay High Court has refused to grant any orders in his favour. Having failed before the Bombay High Court, he has used this money power to lodge a frivolous FIR and create sensationalism. PK Agarwal is not a home buyer but a big businessman who owns a large mall and hence, this is a dispute between two large businesses and Lodha is not concerned with the same. We believe that the filing of this FIR is a gross abuse of the process of law."