“This seems a clear case of corruption. Does the civic body plan to just milk the developer till he runs dry?” the Bombay high court asked the corporation on Monday while hearing a petition of a Bandra builder.
The high court was hearing a petition filed by Altaf Saudagar, and his firm Next Estates and Projects Pvt Ltd, who had sought a stay on a demolition notice issued to him by the executive engineer of H ward.
The notice stated that the top three floors were built without permission, and since the developer had not obtained a no objection certificate from the airports authority, the Brihanmumbai Municipal Corporation (BMC) would not issue an occupation certificate. This gave the BMC powers to demolish the three floors.
A division bench of justice DK Deshmukh and justice RV More observed, “If the BMC would not have given permission earlier to build the extra floors, this situation would not have arisen. How can you keep him in this situation — first allowing the construction of extra floors and then issuing demolition notice even when his application for an NOC is pending with the Airports Authority of India?”
Appearing for the BMC, counsel Preeti Purandhare said, “As per BMC rules, if the developer does not procure the occupation certificate within a decided period after submitting the NOC from the AAI, then we have the power to demolish it.”
The court was also informed that the demolition notice was issued by the present executive engineer, and the previous one who had granted the completion certificate had retired.
Saudagar has built a 17-storey building named Virgo Heights. According to the petition, he got in touch with Mahant Alsurkar Housing Society to redevelop the society building Vijay Apartments.
After initial talks, clearances were sought from the BMC, which were given to the developer. After several amendments in the plan were submitted to the BMC, the developer was allowed to build the building between 2005 and 2008. After he finished, he applied for a completion certificate, which was to be granted after the developer got an NOC from the AAI.
In 2010, the corporation withheld the occupation certificate on the grounds that the three extra floors were illegal. The executive engineer issued a demolition notice recently. The court has directed the BMC and the executive engineer to file an affidavit in reply to the petition by Monday.
