Mohta project illegality cannot be 'mitigated'

A Division Bench of Calcutta High Court rejected virtually all arguments in mitigation advanced by the promoter of Elita Garden Vista, while holding that a 16th tower constructed illegally in its New Town project must be demolished.

- STATESMAN NEWS SERVICE Kolkata, 1 September

The court also ruled that owners of flats in this tower had no rights vis-à-vis owners in the other 15 towers, whose land had been appropriated for the construction of the 16th tower.

The project was promoted by Sushil Mohta (photo above) of the Merlin group along with Pradeep Sureka (photo right) of the Sureka group and Prakash Bachhawat (photo far right) of the JB group.

The Division Bench of Mr Justice Rajasekhar Mantha and Mr Justice Ajay Kumar Gupta rejected all arguments advanced by the promoter of "mitigating circumstances" to stop demolition of the tower. Mr Abhrajit Mitra, Senior Advocate, had presented three such circumstances — first, that a long period of time had elapsed, that money had been invested and rights (of purchasers in the 16th tower) had been created; second, that the 16th tower had a sanction plan and its structural validity was unchallenged, and third, that the sale agreements enabled the promoter to make further constructions without the consent of the existing flat owners.