The Indian Express 22.04.2013
Apex court tells BMC to raze illegal floors in 6 Worli highrises
The fate of more than 500 residents of six highrises in Worli hangs in the balance as the civic administration will soon demolish the additional illegal floors. Brihanmumbai Municipal Corporation (BMC) had sent notices to these buildings over 17 years ago.
Following a Supreme Court verdict, BMC will finally demolish the illegal floors in a few weeks, officials said.
"This is one of the landmark cases and we plan to take stringent steps to drive home the point that no such illegal buildings will be tolerated in the city," said Municipal Commissioner Sitaram Kunte.
In 1984, the civic administration issued a stop work notice to these buildings, where additional floors were being constructed in violation of development control rules (DCR).
Residents of the building later sought relief through a court stay.
In an order dated February 27, Supreme Court asked BMC to take action against these buildings as the violations cannot be regularised. The buildings are Esha Ekta Apartments Cooperative Housing Society, Patel Apartments Cooperative Housing Society, Orchid Cooperative Housing Society, B Y Apartments Cooperative Housing Society, Midtown Apartments Cooperative Housing Society and Shubh Apartment Cooperative Housing Society.
The civic body had only granted the builders permission to built up to five floors. However, Orchid building was raised to 17 floors, Midtown to 20 floors, Esha Ekta to eight floors, BY and Patel to six floors, and Shubh Apartments to seven floors.
The buildings were developed on a plot owned by manufacturers of Campa Cola.
The civic administration had leased the plot to the manufacturers of Campa Cola, and the flats were sold without mandatory permission, said a senior civic official.
Supreme Court, while coming down heavily on the residents of the buildings, also pointed out the inaction of civic officials in allowing the construction of illegal buildings.
"It is a different story that after issuing the 'stop work notice', the authorities of the corporation buckled under pressure from developers/builders and turned a blind eye to the illegal constructions between 1984 and 1989," the order states.
The illegalities at these buildings include construction of additional floors without approval, increase in the height of the building and carrying of construction beyond the permissible FSI.
BMC had launched prosecution against builders in 2002 and later sent fresh notices in 2005.
Meanwhile, the civic administration has amended its rules prevent owners of illegal buildings from obtaining a stay order against demolition. "The new amendment empowers BMC to demolish a structure without intervention from the city civil courts," said Kunte.
