This is for all homebuyers in Maharashtra, Mumbai where common people are the biggest sufferers where we end up paying emi's where apartment is not even constructed. 

This petition shall be taken to our respected PM Shri Narendra Modi where all the sufferers like us who had invested all their savings, taking huge loans, selling house, people who were moved to different house on occasion of redevelopment and till date they have not got their house. People who had invested to purchase dream home end up getting just dream of having home when builders declare them bankrupt. Officials from MHADA WHO WERE SUSPENDED OF CORRUPTION AND minister involved. We would also like to pay us our interest on the money which we have invested for decades and have got nothing in return.

I request all of us sufferers to sign the petition so that we can reach to a level to direct all pending projects in Mumbai.

We from The Meadows Owners Welfare Association, (MOWA), is a duly registered society under the Societies Act 1860, of flat and shop purchasers of the Meadows Project which was launched by Developer – Guru Ashish Construction Private Limited (“GA”) (a wholly owned subsidiary of HDIL) in 2010 which is involved in a huge scam being investigated by various agencies.

Over 465 home buyers who have invested their life savings and hard earned money in purchasing flats in the Meadows Project which was to be developed by Guru Ashish Constructions Pvt. Ltd. (wholly owned subsidiary of HDIL) at Patrawala Chawl, Siddharth Nagar, Goregaon (W), Mumbai, are suffering untold hardship and misery as the flat and shop purchasers have paid huge amounts to the developers and the project is at a standstill since over last 12 years. Both Guru Ashish Constructions Pvt. Ltd. and HDIL, have cheated not only 672 tenants but also 465 flat and shop purchasers of THE MEADOWS project.

MHADA entered into a development agreement with GA for redevelopment of the Patrawalla Chawl. GA sold several portions of the free sale component to various builders viz. KALPATARU, EKTA EVERGLADE HOMES PRIVATE LIMITED, BHOOMI DEVELOPERS, KBJ DEVELOPERS PRIVATE LIMITED, etc. MHADA has subsequently terminated the agreement with GA. One of the grounds was that no permission was taken by GA before selling the portions of the free sale component to the various builders and claimed that such sale was illegal.

Since THE MEADOWS project which was to be developed by GA was at a standstill, some of the members filed a suit in the Bombay High Court being Suit No. 348 of 2017. By an order dated 20/03/2017 passed by Justice S. J. Kathawalla in Suit No. 348 of 2017, Mr. Rakesh Wadhawan and Sarang R. Wadhawan, Directors of GA agreed and undertook to complete the construction of the “The Meadows Residential Project” (consisting of Wings “A” to “G”) (including simultaneous internal work of all units) with the Occupation Certificate and completion of all the assured amenities and hand over possession of the units to the respective Unit Purchasers. The Court further ordered that the possession of all the Units with Occupation Certificate and completion of all amenities be handed over on or before 19th November 2019.

Guru Ashish Construction Pvt. Ltd. also failed to abide by aforesaid Order dated 20/03/2017 and their Directors have violated the solemn undertakings given to the Hon’ble High Court. Our MOWA association members have also initiated Contempt proceedings against the Directors of Guru Ashish Construction Pvt. Ltd. in the Bombay High Court. The same is still pending.

The Meadows project is incomplete and only plinth and podium levels of some of the buildings have been completed. The work on the project is at a standstill since last several years and over 465 home and unit purchasers who have paid over Rs.138 Crores to GA are suffering untold hardship. Several homebuyers have registered their Agreements and have paid stamp duty and registration charges to the State Government.

During the various hearings that took place before His Lordship Mr. Justice S. J. Kathawalla, various stakeholders in the Patrawala Chawl redevelopment project, including MHADA, the various builders viz. EKTA EVERGLADE HOMES PRIVATE LIMITED, KBJ DEVELOPERS PRIVATE LIMITED, etc. who have also filed suits before the Bombay High Court, including our Association, expressed their willingness to participate in arriving at a solution to the impasse.

Our Association is open to the idea of self-development of the Meadows Project or development by any good reputed developer/contractor, or any other proposal for completing the Meadows Project, so long as the rights of all the home buyers of the said project are safeguarded and all our members get their flats/shops.

From news reports it now appears that the builders GA were hand in glove with certain politicians, who are now being investigated by various government agencies and have duped hundreds of home buyers in THE MEADOWS project and the tenants of Patrawala Chawl.

The Maharashtra Government has issued a G.R. No. 338/2020 dated 9/7/2021 whereby it has cleared the redevelopment projects that have been stalled for years and has asked MHADA to fund and complete the Siddharth Nagar Patrawala Chawl redevelopment project at Goregaon which would benefit only the tenants. We also understand from news reports that the Hon’ble Industries Minister has stated that the total expenses MHADA would incur would be in the Rs.2000 Crores and MHADA would generate revenues to the tune of Rs.2600 Crores, thus benefiting MHADA to the tune of Rs.600 Crores. This is in addition to what they have received from GA.

The said G.R. also mentions that MHADA would be entering into Memorandum of Understanding with 3 private developers who had purchased plots from GA. It is surprising and rather unfortunate that the GR totally ignores the 465 home buyers of The Meadows project. In fact, it is pertinent to note that one of the reasons for termination of the agreement with GA was that it had not taken permission from MHADA before selling the free sale portions to these builders and that the sale was illegal. Such developers had also gone to the High Court against MHADA and obtained an order that MHADA should not take coercive action to dispossess them.

MHADA and the Government have refused to even acknowledge the plight of 465 home buyers of the MEADOWS project. MHADA has in fact in their response filed in the High Court completely washed its hands from THE MEADOWS project and has stated that there is no privity of contract between them and members of MOWA. They have contended that the remedy of the free sale purchasers lies against the developers only and not against MHADA.

It is pertinent to note that:

i) MHADA is a statutory authority whose object is to provide a comprehensive approach to the housing problem for the common citizen.

ii) MHADA has given development rights to HDIL/GA. HDIL/GA issued advertisements and sold various tenements in the MEADOWS project (free sale portion).

iii) Now that the developer is under liquidation, can MHADA claim there is no privity with the home buyers?

iv) Can MHADA leave all the flat purchasers high and dry and say that they have a claim against the developer only?

v) Considering it from another point of view, would it not be possible for MHADA to continue giving such projects to unscrupulous builders/developers who will again collect huge amounts of money from other innocent citizens (who consider it to be a MHADA project) and when such builders/developers go belly up after looting innocent citizens, MHADA will cancel the agreement with the builder and give it to another and again make huge amounts of money from them.

vi) Can MHADA be allowed to profiteer from such type of transactions whilst wash its hands from innocent home buyers who have put in their life savings in the project?

vii) Can MOWA or any other competent developer not be permitted by MHADA to complete the construction of MEADOWS project so that home buyers do not suffer?

viii) Can the Government/MHADA, on the one hand, ignore MEADOWS homebuyers and on the other, enter into MOU’s with the 3 builders/developers when MHADA is claiming that no permission was taken from them for sale of the free sale portions to these developers?

ix) Can the Government/MHADA be selective and favour only some builders/developers? If MHADA claims that it has no privity of contract with the homebuyers of the Meadows project, how is it entering into MOU’s with the 3 developers, (when these developers have purchased the free sale plots from GA), with whom also they have no privity of contract?

x) Many homebuyers of The Meadows project have taken home loans and continue to pay interest on the loan amounts since over 12 years when getting actual physical possession of their flats seems to be a distant dream. Many homebuyers have since expired without seeing their dreams fulfilled. Many have sold their flats and invested in the Meadows project and are forced to stay in rented flats. Flat prices have in the last 12 years gone up multi-fold and have gone out of reach of these home buyers.

Home buyers of THE MEADOWS project have suffered not only at the hands of the builders but are now even suffering at the hands of MHADA which is refusing to acknowledge that they have any right to their flats where they have invested their life savings. Their only hope now is the judiciary.

Thanking you

Yours faithfully

For Meadows Owners Welfare Association