The Imperial Tardeo Construction Curbs Restored by Supreme Court

Construction restrictions at luxury residential development The Imperial in Tardeo have been restored by the Supreme Court while a dispute over revised building plans continues.

Nearly 50 purchasers from the development’s existing Towers A and B had challenged proposed changes and additional construction within the project layout.

An earlier Bombay High Court order restricted the developer from carrying out additions or alterations to Towers A and B without the consent of flat purchasers.

It also restricted the built-up area of proposed Tower C to 38,500 sq. metres.

After a division bench subsequently provided interim relief to the developer while hearing its appeal, residents approached the Supreme Court.

The Supreme Court has now directed that the earlier restrictions should remain operational during the pendency of the appeal. The Bombay High Court has also been requested to take up the matter on priority.

The case is relevant for developers and brokers because changes to sanctioned or disclosed project layouts can become particularly sensitive after homes have already been sold.

Future development potential, permissible construction and disclosures made at the time of sale therefore need to be examined carefully in large residential projects.

Sandeep Sadh’s Take:

“Clear disclosure protects both the buyer and the developer. When a large project is developed over several phases, buyers need clarity from day one about what can eventually be constructed within the layout.”