MUMBAI: After over 27 years, the commercial portion of a building near Mahim (West) station will receive an occupation certificate (OC). Bombay High Court has directed Maharashtra Housing and Area Development Authority (Mhada) to “immediately and unconditionally” issue a no-objection certificate (NOC) for BMC to issue the OC.
Justices Mahesh Sonak and Kamal Khata on Aug 13 directed Mhada’s CEO “to inquire into the entire episode and conduct of officers responsible which resulted in loss to Mhada/public exchequer”. The CEO’s affidavit must “outline measures taken to recover losses from the developer and/or officers responsible”. BMC is directed to conduct a “thorough investigation” and “specifically examine the failure” of its officers to bring the matter to Mhada or HC’s attention.
In Dec 1986, Raj Realtors Construction Co Pvt Ltd purchased three chawls with nine shops on M M Chhotani Road and took up its redevelopment. The front wing of Raj Mahal was constructed of shops, the rear wing of stilts and six storeys was for tenants and sale flats. The shop owners took possession in March 1997, assured of OC once the residential wing was completed. The developer failed to secure OC.
Consequently, BMC did not provide water and sewerage facilities to the shops but charged 150% of normal property tax. BMC withheld the OC because Mhada had not granted the NOC. The developer was given FSI of 2 and had to give Mhada 1986 square feet in the rear wing, which he defaulted on. In April 2001, HC directed BMC to give provisional OC and forthwith revise the property tax. The developer was to surrender 1,324 sq ft or pay its market price.
The petitioners’ advocate Pradeep Thorat said residents were deprived of water and sewerage facilities for almost three decades, which was the developer’s responsibility.
The judges said records show BMC and Mhada, instead of going against the developer, have been unnecessarily pressuring the petitioners to cough up amounts towards water supply and sewerage facilities that are not supplied to them or which should be recovered from the developer. “All this is… done to favour the developer at the petitioners’ cost,” they added. The judges said Mhada, a public authority, facilitated the developer to make profits without paying its dues. BMC “quickly obliged” and issued OC to the rear wing. BMC, “an entity meant to serve the people,” did little to assist the petitioners in obtaining OC and granting necessary water and sewage facilities, “which was their inherent right”. It resulted in “untold sufferance” for petitioners.
