No Further Modification of Plan Permitted, Clarification Request Declined

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New Delhi: The Supreme Court of India has passed an interim order allowing Hiranandani Realtors Pvt. Ltd. to complete construction of two partially-built residential towers—Octavius and Verona—in the “House of Hiranandani” project at Egattur, Chennai, strictly at their own risk and subject to the final outcome of the pending Special Leave Petition (SLP).

In its order dated 23 April 2025, a Bench comprising Justice B.V. Nagarathna and Justice Sanjay Karol also directed the promoter to construct the Clubhouse with all promised amenities within a fixed timeline—preferably by 31 December 2025, but no later than 31 March 2026—as per the facilities earlier committed.

The petitioner/project proponent shall be permitted to complete two residential towers in Block 36, however, the said construction would be at their risk and subject to the final result of this Special Leave Petition. — Supreme Court, 23 April 2025

The Court was hearing a clarification application (IA No. 49346/2025) moved by the builder after the status quo order of 2 December 2024 had prevented further construction. That earlier order had come in response to the builder’s SLP challenging the 8 April 2024 ruling of the Madras High Court, which quashed the 2020 approval for alteration of the original 2012 layout without consent of two-thirds of the flat allottees, a violation of Section 14 of the Real Estate (Regulation and Development) Act, 2016.

There shall be no further modification of the plan sought for by the petitioner/project proponent. — Supreme Court, 23 April 2025

In a subsequent oral mentioning on 30 April 2025, Senior Advocate Mr. Balbir Singh sought clarification on behalf of the builder, requesting that the phrase “no further modification” be confined to Phase 2 only. The Bench declined to entertain the request, thereby making it clear that no construction beyond what is currently permitted under the 2012 plan—with specific interim directions—will be allowed.

The Clubhouse, originally planned on Plot No. 36 and later relocated to Plot No. 37, had been replaced in 2020 by the two towers and a few villas—without prior approval from two-thirds of the existing allottees. These actions prompted the Resident Welfare Association to challenge the altered plan.

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