The Times of India 18.12.2013
Thane Municipal Corporation permits builder to construct on disputed plot
THANE: It has come to light that the Thane Municipal Corporation (TMC) has granted illegal sanction to a developer to construct a commercial building on a land that is under dispute and belongs to a tribal woman at Shivaji Nagar.
The first slab of the multi-story building has been joined with an adjacent wall of a 25-year-old structure that houses Navodaya School, posing a risk to the lives of hundreds of students. The cracked building wall of Hiramati Shopping Centre is being used to integrate the new structure.
The developer in question is Sundar Shah of Dil-Well Developers who does not have the 7/12 extract of the land belonging to 72-year-old Kamlabai Keru Bagad. The construction of the building is on at survey no. 455/2, Panchpakhadi, Shivaji Nagar, Wagle Estate. Kalmlabai's husband, Keru Bagad (who is no more), had won the civil court case in 1990 against then builder Ratilal Shah for ownership rights of the land. This prompted Shah to appeal in the district court the following year and the case is still pending.
In the meantime, Sundar Shah claimed to have purchased the disputed land from Ratilal's brother on which he started the construction work. Kamlabai could not fight the powerful lobby and got support from local activists who began fighting the case to release her land. "I am illiterate and a single woman so the current builder took advantage and commenced construction work on a part of my plot in connivance with various agencies. I was shocked to know that he obtained the commencement certificate (CC) on a disputed tribal land," said Kamlabai. A town planning official of the TMC said, "We can't hold the CC for so long. He had all papers cleared and we issued it more than a year after he applied."
Interestingly, the CC was issued in October when the work commenced last monsoon.
"We had asked for demolition of the structure which had no CC. But the TMC did not act on our plea and gave permission," said activist Sudhir Shetty, who is pursuing the case on behalf of Kamlabai.
Sundar Shah said, "I have all clearances for the construction. There is no litigation and dispute on the area I am constructing the structure. I am not concerned with the court case and the plot in question. Kamlabai has her plot at the backside of my building and I intervened to resolve the matter with the society members but she is not ready to compromise."
Activist Shetty said the local police had prevented the builder from constructing the structure a few months ago after they challenged the move. However, the builder managed to get the documents cleared from the TMC to continue construction last month. "It's a clear violation of construction norms and court order. The builder does not have 7/12 extract and name on health card," he said.
I have all clearances for the construction. There is no litigation and dispute on the area. I am not concerned with the court case. Kamlabai has her plot at the backside of my building and I intervened to resolve the matter with society members but she is not ready to compromise.
