PMC waits for developer to hand over building

The Pune Municipal Corporation (PMC) would wait for 15 days for the builders of the controversial Sun Dew Apartment on Prabhat Road to hand it over, as per the order of the Supreme Court otherwise it would issue a legal notice for the same.

Sun Dew Apartment is a 10-storied building built on a plot of 30,000 square feet, which was reserved for a school in the development plan. Construction of the building became controversial as the reservation of the plot was changed during the regime of the then chief minister Manohar Joshi.

The change facilitated construction by a company owned by Girish Vyas, son-in-law of Joshi.

The Bombay high court had declared the construction of building invalid in its order in 1999 regarding a public interest litigation filed by activist Vijay Kumbhar and corporator Nitin Jagtap. A division bench of the Supreme Court on Wednesday upheld the high court order and directed that the building be either handed over to the PMC or
demolished.

A meeting was called at the PMC on Thursday by additional municipal commissioner Anupkumar Yadav to decide upon the further course of action. Yadav told reporters that the civic body has received a copy of the order by the Supreme Court. He has asked the legal department of the PMC to study it. Municipal commissioner, Mahesh Pathak would return on Monday and the final decision taken after that.

Legal advisor of the PMC, Manjusha Idhate said the Supreme Court has laid down the procedure to be followed regarding the building. The PMC would follow that and hence it would wait for a fortnight and after that a notice would be issued if necessary.

The Supreme Court said in the order, “We direct the developer to inform the PMC within two weeks from today whether he is giving up the claim on the ‘Sundew Apartments’ apart from the tenants’ building in favour of PMC.”

It said that if the developer fails to inform the PMC, then the civic body would issue a notice to the developer within two weeks thereafter, calling upon him to furnish particulars to the PMC within two weeks from the receipt of the notice, as to in what manner and time frame he proposes to demolish this 10-storied building.

It said that in the event the developer declines or fails to do so or does not respond within the specified period, or if PMC forms an impression after receiving his reply that the developer is incapable of removing the building in a reasonably short time, the PMC will go ahead and demolish the same.

It said that in either case the decision of the city engineer of PMC with respect to the manner of removal of the building and disposal of the debris shall be final.