The two buildings, originally meant to be only four floors, were later raised to 11 floors
The B ward of the BMC has started demolition of a ground-plus-seven storey building in South Mumbai's Mohammed Ali Road area that DNA had reported on in December 2015 and had highlighted the manner in which higher floors were illegally constructed. Assistant Commissioner of B ward Uday Shirurkar has appointed a contractor to carry out the demolition, and police assistance was sought to evict the occupants.
DNA has been consistently writing about how illegal load bearing structures in the area were constructed after seeking permissions for carrying out repairs. Two buildings in question—35-37 Nishanpada and 39 Nishanpada, X lane in the Mohammed Ali Road area were originally ground- plus-three structures, and were later raised upto 11 floors illegally. BMC had demolished the upper four floors of both buildings in past.
While the Bombay High Court has given orders to demolish both buildings, the owner or developer has filed a separate case in the City Civil Court for building 39, and a date has been set this month for a final order. The ward office has, therefore, decided to demolish 35-37 Nishanpada only for now.
In 2006, the owner of the structure had applied for repairs citing dilapidated condition of the building. While MHADA's repair board granted him the permission, repairs were not carried out at that time. In October 2015, the work of demolition of the building was carried out by the owner to start construction of a new building. The B ward office had issued a stop work notice on October 31, 2015. However, the notice was not heeded, and hence on December 1, 2015 a notice under section 52 (43) of Maharashtra Regional Town Planning (MRTP) Act was slapped on the owner.
The owner continued with the excavation work without any consent from any competent authority. B ward sent two stop work notices to stop excavation in January 2016 and March 2016.
When the owner continued the work, an FIR was registered against owner or developer in Dongri Police Station and a panchanama was done. "All this time the owner or developer continued with the work. He built almost two additional floors, while we had to follow proper procedures or be dragged to court. Subsequently few more notices were sent. In April, we carried out demolition action. But the owner or developer went to court and sought relief. While the court restrained BMC from taking any action for another fortnight until the developer filed a reply, he continued his work up to 11 floors", said Chandrakant Suryavanshi, Designated Officer from B ward.
Suryavanshi said that in May 2016, the ward office wrote to BEST undertaking and water department to disconnect the supply and demolished the 10th and 11th floor. "While the civic body was following due process of law, owner continued with the construction and by then holy month of Ramzaan started. We couldn't take action during that time", said the official. However, finally on October 26, BMC received a final order from the court terming the structures illegal, following which Assistant Commissioner Uday Shirurkar appointed a contractor to demolish the building.
Shirurkar said that local contractors participate in tendering process and bid for the lowest price. When they bag the contract, the work is not carried out citing different reasons, he alleged.
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