The Bombay High Court on Monday Expressed “Shock” over “glacing” multiple violations, including no fire nooc (No-Bobjection Certificate) for 15 years for 15 years and no ocupation (ocoption) Half the floors of a 34-storey high-riser in tardeo in south mumbai. It slammed the brihanmumbai municipal corporation (BMC) for “failing to take drastic action” and permitting nearly 50 families to occuppy the flats by risking their lives and questions “.
The HC asked the Flat Purchasers and Developers Why Such “Daylight Violations” were required to be overlooked in view of the fire incidences in the city in the city. The court also sought a response from the civic body as to why water supply and electricity to the building can be cut, and questioned the department concerned as to why permission was given to our permission lifts.
The HC stated that developer and flat purchasers were occupying the units at their “own risk” and there shall be civil and criminal liability on them IF Rights of Thirds of Third Parties, Incaluding and Servants, ARE VOLATED. Breached Due to Such Incidents.
A division bench of justice girish s kulkarni and arif s doctor, while hearing batch of pleas pertaining to the tower of willingdon View Housing Society, Tulsiwadi, noted th and not controversial was. 2010 and the BMC permitted the building to be occupied Therefter Without Fire Noc for Nearly 15 years.
The bench expressed “surprise” after reviewing a BMC JOINT inspection Report HIGHLIGHLIGHTING GRESS BY Developer Satellite Holdings, Noting Only Only Had a Parttion Certification Form (Circle) 16th floor.
“What is further glaring and which in fact shock our conscience is that floors 17 to 34 have no oc,”
The HC observed that Apart from Several Illegalities Recorded by the BMC, One more illegality was that entry 34-four built approval from the choice from the choice officer (CFO) Occupy the building.
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“We are at a complete loss to understand to how much Illegality and that too with impunity can at all be tolerated by the bmc and as to how there can be resistance on the words of the members/flat pursers. Regularization Application and More Particularly When The Developer has undertaken Several UnAILORISED WORKS INCLUDING FLORS SPACE (FSI) Vilations, “The bench observed.
It has noted that flat purchasers were trying to convince the court by seeing a “Complete go-bye to the lawful requests while chanting the routine mantra of regularism”.
The Court Further Stated that Compliance with Fire Safety Norms by the cfo for any high-rise was “non-standard” in view of past fatal fire instns, including kamla mills fire, and “theer cannot be) Norms in Any Manner Whatsover “.
It directed the CFO to file an affidavit on fire safety compliance and violations, and further asked the BMC’s building and proposal department to file an affidavit in view of serious doubts raised in 2012 as to whether Floors 1 to 16 Can actually be Said to Have any Oc.
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“In the meaning, we are of the clear opinion that in such situations, all the land purchasers/members of the society, who in our prima facie opinion is illegly Occompying them and who actions and who am aptuly Need to Vac. Particularly Those from 17th to 34th Floor, Shall Continue to Do (Occupy) So Atir Own Risk and Consequibes, “The HC Said, adding they shall not be LIVE to be composed by Authorities in an uncowardies.
Posting Further Hearing To Thursday, The HC Said that if if the BMC and Other Authorities Respond That Such Gross Illegalities Require Water and Electricity Supply To Be Cut, It Wield Never Alternative But. Authorities to take appropriaate action.