140 illegal flats worth 300cr to be razed in Worli

After SC Order, BMC Gears Up To Demolish 35 Floors In 3 Months
In one of the biggest demolition undertakings in the city, the BMC is set to raze 35 illegal floors housing 140 flats across seven buildings in Worli within three months. The move will reduce to dust real estate worth about Rs 300 crore and leave in the lurch over 140 families living in the houses for over 25 years.
The SC, in a landmark judgment on February 27, had ruled that all floors above the fifth in seven buildings at the upscale Campa Cola compound will have to be razed. It also said the residents cannot ask for the floors above the legal five as marked in the original plan to be regularized. The residents filed a review petition on April 1.

Municipal commissioner Sitaram Kunte has appointed a special monitoring committee to oversee the demolition. The estimated budget is Rs 1.5 crore, which the BMC plans to recover from the developer and the societies later.

A team comprising workers from G (south) ward (labourers and JCB machines) and the building proposal department will be deployed for the demolition. The civic body has appointed structural consultant Shashank Mehendale to look into the logistics of the demolition and ensure the residents of the legal floors are not inconvenienced.

Under the chairmanship of additional municipal commissioner Mohan Adtani, the six members of the monitoring panel are Milind Sawant, deputy municipal commissioner (improvements), Kishore Kshirsagar, DMC (Zone 11), R S Kukunoor, chief engineer (development plan), S Bhattacharya chief engineer (planning and design), Uday H Kedar, law officer, C Chore, assistant commissioner (estates).

“We will invite tenders for a demolition contractor. If it was a vacant building, it could have been demolished easily. But it’s a challenge for the BMC to demolish the illegal floors because people are living in the legal floors below. A comprehensive plan will be ready in a few days,” said Adtani.

The BMC had leased the plot to the manufacturers of Campa Cola in 1955 and later, the firm sought permission to develop a large part of it. Then started a saga of illegalities, including construction of additional floors without approval, construction beyond the permissible FSI and occupying the building without an occupation certificate (see box).

Adtani said a new technique will be used for the demolition but refused details. “We have worked out a systematic plan and it will be done in such a way that residents living on the lowermost floors will not be inconvenienced with debris from demolition. The demolition work will be carried out in three months,” he said.

ANY HOPE FOR RELIEF?
A REVIEW PETITION HAS BEEN FILED
I think there is some possibility of relief, though the chance is not very bright. All the proceedings have happened under MMC Act, 1888, whereas the more appropriate law is section (53) of the MRTP Act of 1966. In matters of law, the later law usually prevails over the earlier one… Everything beyond permission has been ordered to be demolished. But under the new law, only components of unauthorized structures which cannot be regularized have to be demolished; the rest can be retained
Advocate Y P Singh 

HOW THE ILLEGAL BUILDINGS MUSHROOMED IN WORLI

In 1955, BMC leased the plot to Pure Drinks for putting up a factory


In 1980, Pure Drinks sought permission to develop a large part for residential purposes


Seven buildings erected between 1981 and 1989


There is alleged FSI violation of 1,774 sq mt in total development of 19,600 sq mt (approx.)


During construction, BMC issued stop work notices and collected penalties from the builders, claim residents

But plans were never officially passed. Residents bought flats as builders said plans were up for approval when they had been rejected

None of the buildings granted occupation certificate. They didn’t get water connections; residents living on tanker water for 25 years

In 1999, residents approached HC for water connection and OC

BMC pleaded FSI violation; HC criticized BMC inaction and asked them to take time-bound action

In 2005, BMC issued demolition notices to all floors above the 5th; residents moved court

In 2010, residents moved HC to stay demolition

Next year, HC dismissed plea. Residents went to Supreme Court

On Feb 27, 2013, SC delivered verdict against residents. Ordered BMC to demolish all structures above the legal five floors and specified that society cannot apply to any government or political body for regularization

Affected residents filed review petition on April 1
Courtesy:
Linah Baliga TNN
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

HOUSING SCAM: Builder - neta nexus behind realty rise, say experts

The nexus between politicians and developers is what is causing property prices to skyrocket and burdening genuine consumers. According to property experts, many developers are politicians and vice versa.

“Almost all housing policies are tweaked to favour the builders. As a result, today the real estate sector is a complete mess. There is no transparency. The use of black money has increased manifold. Politicians feel that the real estate is best sector to direct their ill-gotten money to. Therefore, the property market never runs on real demand and supply, but on the wishes of politicians and developers,” said Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association.

Another housing activist said that to put an end to this malpractice, the government should create a transparent real estate portal. “We have been demanding this exchange portal for a long time. It will record all real estate transactions. One copy will submitted to the income tax department, so the government can keep a tab on builders, as well as earn revenue. But sadly, no one is interested in such a law,” he said, requesting anonymity.

Prabhu said, “The time has come for the common man to awaken from his slumber and start demanding good policies. Otherwise, he will continue to suffer.”
Courtesy:
DNA Correspondent
Published Date:  Jan 02, 2013
http://epaper.dnaindia.com/story.aspx?id=35692&boxid=14149&ed_date=2013-01-02&ed_code=820009&ed_page=7

HOUSING SCAM MAHARASHTRA : Court rejects Suresh Jain’s bail application

Aurangabad: Justice M T Joshi of the Aurangabad bench of the Bombay high court on Monday rejected the bail application of former state housing minister Suresh Jain while directing the special judge, Jalgaon, to frame charges against him and others as expeditiously as possible.

Jain, who was arrested for his involvement in the Rs 169-crore Jalgaon housing scam, is being treated at St George Hospital in Mumbai, where he was admitted on November 3, said special public prosecutor Pravin Chavan. On October 18, the Supreme Court had rejected Jain’s bail plea while asking the special court in Jalgaon to frame charges against him and the other accused.

Jain had approached the special judge in Jalgaon on October 3, seeking direction to the authorities to release him on bail under Section 167 (2) of the Criminal Procedure Code (CrPC) as there was no sanction for his prosecution under Section 197 of CrPC and Section 19 (3) of Prevention of Corruption Act (1988) and that the chargesheet submitted by the investigation officer was not a chargesheet in the eye of the law. “Hence, he claimed, his detention was illegal and unauthorized and he be released on bail,’’ said Chavan. The trial court had rejected his bail application on October 6.

Jain approached the Aurangabad bench of the HC on October 9. Opposing the bail plea, Chavan said there “was no official duty entrusted to Suresh Jain and that he has ceased to be a minister’’. He said a housing scheme for the low income group was introduced by the Centre and implemented through Hudco and it was accepted by the Jalgaon Municipal Council (which later became municipal corporation). “There is no connection of the scheme with the office of the state’s housing ministry.’’

Chavan said the main chargesheet was submitted on April 25, 2012, while a supplementary chargesheet was filed on June 1.
COURTESY:
Syed Rizwanullah TNN
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