Della Towers dustup

The residents of the building adjacent to the Della Towers construction at Dadar Parsi Colony won a small victory when Justice S. G. Deshpande of the Bombay City Civil Court (BCCC), in his order dated November 21, 2008, declared that the construction made by builder and Bombay Parsi Punchayet trustee Jimmy Mistry touching the compound wall of the plaintiff to the extent of 1.5 m therefrom is illegal and directed that it be demolished within a period of 10 weeks after the verdict. The suit was filed by Farohar Co-operative Housing Society Limited situated at Plot No 796 Jame Jamshed Road, Dadar Parsi Colony, against Della Tecnica Interior Design and Project Management Company Private Limited, the Bombay Municipal Corporation and others.

The plot adjacent to Dossabhoy Mansion (part of the Farohar Co-operative Housing Society Limited of which Dr Kekobad Doongriwalla is secretary), had a cessed building standing on it with ground plus three storeys and was occupied by six tenants. In September 2004 Mistry made an application to the municipal authorities for reconstruction and redevelopment of the property. He was granted permission to erect a multi-storeyed building on the plot comprising a basement, ground floor, three parking floors and a further 15 floors. After accommodating the earlier tenants in the new building, Mistry was to sell the remainder of the flats.

Doongriwalla alleged that Mistry had prepared a list of fictitious tenants to secure additional FSI (floor space index), that he had excavated earth up to 17 ft, just 1.5 ft from his compound wall, endangering the wall and compromising the safety of the motor garages nearby. He prayed that the sanctioning of the redevelopment was illegal, that considering the modification of the plans and condoning deficiency of open spaces is illegal.

The plaintiff had preferred a Writ Petition for the same reliefs as in this suit, and the Bombay High Court had observed that the "petition is more or less a personal grudge litigation.” Subsequently, the plaintiff withdrew this petition and filed the suit in the BCCC. This court said it has no jurisdiction to declare any legal provision as ultra vires or to entertain the suit. However, it was partly proved that Mistry had violated certain conditions and he was directed to demolish the construction work to the extent of 1.5 m from the compound wall of the plaintiff.