MUMBAI: Real estate developer Housing Development & Infrastructure (HDIL) plans to challenge the Bombay High Court order dismissing its plea against Mumbai International Airport (MIAL) for terminating a contract for a 276-acre slum rehabilitation project.
While dismissing the Mumbai-based developer's petition , Bombay High Court Judge Ranjit More had stayed the interim relief offered to the developer and said the order would not have any impact on the ongoing arbitration between the two parties. The order passed on August 23 was made public on Friday. "The honourable Bombay High Court has not dismissed the arbitration petition filed by the company; it has dismissed the petition for interim relief ," said a spokesman of HDIL, adding: "However, the court has extended the interim relief till September 16 and has allowed the company to appeal in the higher court."
The developer had earlier moved the high court against MIAL, Slum Rehabilitation Authority and Mumbai Metropolitan Regional Development Authority against a termination notice by the airport operator. "Taking an overall view of the facts and circumstances, I find that the petitioner (HDIL) has failed to make out a prima facie case or balance of convenience in its favour.
In that view of the matter, the petition is dismissed," said the court order, which had earlier reserved its order on July 23 after conclusion of arguments by both parties. The airport operator had sent a termination notice to HDIL, citing non-completion of the project on time. The project , awarded in 2007, involved rehabilitation of 85,000 slum units and was to be completed in 2011.
HDIL was supposed to receive transferable development rights along with 65 acres around the airport for building commercial projects like hotels in exchange for clearing the land by rehabilitating the slum dwellers. However, according to the developer, the project has been delayed because the government has not taken cognizance of issues such as the lack of clarity on eligibility of slum dwellers for rehabilitation.
According to HDIL, it has already completed 7,000 units and until April shifted from Sahar Elevated Road nearly 1,000 families , for which the eligibility criterion was clearly defined.