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."
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