Mumbai Luxury Flats Face BMC Action as Common Areas Are Turned Into Private Space

BMC demolished unauthorised alterations in eight Rustomjee Crown flats in Prabhadevi after complaints over common areas being converted into private spaces.
Mumbai Luxury Flats Face BMC Action as Common Areas Are Turned Into Private Space

Mumbai, August 25, 2026: Owners of luxury apartments at Rustomjee Crown in Prabhadevi are facing civic action after the Brihanmumbai Municipal Corporation (BMC) demolished unauthorised alterations and alleged encroachments in eight flats of the project's B Wing.

The demolition drive began on Monday and is expected to continue for the next four days, according to Deputy Municipal Commissioner Prashant Sapkale. The action follows complaints that some residents had allegedly converted portions of common areas into private habitable spaces.


BMC Had Already Issued Notices to 128 Flats

The latest demolition is part of a larger enforcement exercise.

BMC officials said notices had previously been issued to 128 flats over alleged unauthorised alterations and encroachments under provisions of the Mumbai Municipal Corporation Act and the Maharashtra Regional and Town Planning Act.

The civic body subsequently carried out inspections and issued further directions as part of the enforcement process.


What Were Residents Allegedly Changing?

The complaints involved alleged modifications to common and internal areas of apartments.

In one case cited by BMC, the occupants of a flat were alleged to have:

  • Enclosed a common lobby using partitions
  • Removed a common wall
  • Combined parts of the living room, kitchen and bedroom
  • Removed a toilet

The civic notice directed the occupants to stop the work and produce the required permissions.

 


Why Common Areas Matter to Homeowners

The issue is important for apartment buyers because common areas are not automatically private property simply because they are located outside an individual flat's main living space.

Unauthorised conversion of lobbies, passages, setbacks or other shared spaces can affect other residents, building access, fire safety, ventilation and the overall layout approved by authorities.

For buyers, this makes it important to understand exactly what area is legally part of the apartment and what is classified as a common area.


BMC Says Further Action Will Continue

The civic body said the enforcement drive will continue in accordance with due process and applicable court directions.

The action follows notices, inspections and speaking orders issued during the preceding months. BMC said details relating to notices, inspections and action taken are available through its encroachment-removal system.


Developer Denies Violations

Rustomjee Group Chairman and Managing Director Boman Irani said the project was constructed according to plans sanctioned by the competent authorities and complied with applicable norms.

He said the developer has been cooperating with civic authorities and providing the information sought during the proceedings.

He also said the developer has been encouraging members of the building to undertake corrective measures wherever required.

 


Why This Matters for Mumbai Property Buyers

The Rustomjee Crown case highlights a risk that homebuyers can overlook when purchasing expensive apartments.

A buyer may focus on the carpet area, balcony, terrace or additional space shown during the sales process. But the legal status of every part of the property matters.

Before buying a flat, buyers should verify:

  • Approved building plans
  • Occupation Certificate
  • Carpet area and sanctioned layout
  • Status of balconies and terraces
  • Common-area boundaries
  • Any alterations made by previous owners
  • Society records and permissions
  • Pending notices or litigation


Grihik Property Takeaway

Extra space is not always legally yours just because you can use it.

If a flat owner encloses a lobby, passage or other common area, that modification can potentially create legal and civic complications later. For homebuyers, checking the sanctioned plan and actual physical layout before purchasing can prevent expensive surprises.

The Rustomjee Crown action is therefore a useful reminder for every apartment buyer: don't judge a property only by how much space you can see — check how much space you legally own.