Mumbai: The Bombay High Court has refused interim relief to a co-operative housing society on Altamount Road in Malabar Hill, stalling its proposed redevelopment plan due to a restrictive clause in the land’s title documents that caps construction at 30 feet.
A single-judge bench of Justice Milind Jadhav on Wednesday rejected a plea by New Deluxe Co-operative Housing Society, which sought permission to proceed with plans to redevelop its dilapidated ground-plus-three-storey building into a multi-storeyed structure. The dispute arose after Pemino Co-operative Housing Society, which shares the original undivided plot with New Deluxe, objected to the proposal. Pemino contended that the property is bound by a restrictive covenant in earlier conveyance deeds limiting construction height to 30 feet, as the original plot was designated as a “plot of cottages.”
New Deluxe argued that it had initiated redevelopment after conducting a title search and issuing public notices in March 2024. However, in August 2024, Pemino issued a public notice objecting to the project, following which prospective developers began insisting on a no-objection certificate (NOC) from Pemino, effectively halting progress.
In its suit, New Deluxe sought an interim order restraining Pemino from interfering with the redevelopment. It contended that the restrictive clause could not override its absolute ownership of the property. The society also pointed out that Pemino itself had added four floors to its original ground-plus-three-storey structure in 1966, allegedly breaching the same covenant it now seeks to enforce.
Hearing the arguments, Justice Jadhav observed that the restrictive covenant had “travelled through successive conveyances” and was reflected in New Deluxe’s own chain of title.
The court noted that both societies’ conveyance deeds expressly refer to earlier indentures and transfer the property along with all associated rights and obligations. This, it said, gives rise to a prima facie inference that the stipulations were intended to bind successors-in-title.
The judge also observed that the relief sought was like final relief and could not be granted at the interim stage. With the interim plea rejected, the redevelopment of the upscale property remains on hold pending further proceedings.