Crescent Bay, a major project of Omkar Realtors in Parel, is facing tough opposition from the residents of Lucky Star Co-operative Housing Society, which is on the same plot. The society claims that the developer has carried out construction on the plot in the lay out that is meant for a recreation ground (RG).
The issue that has been going on for the past one year, has now escalated with the residents now planning to take up the issue with the BMC, SRA and the police, and also move the court.
The developer, Omkar Realtors, however claimed that they have legal rights over the land as they had bought it from the lessee.
While four buildings in the layout are being redeveloped along with the SRA scheme taken up by the developer on the adjoining plot, two buildings, Lucky Star and Dimple Co-operative Housing Society, have chosen to stay out.
"They are trying to usurp the recreation ground meant for the entire layout comprising six different buildings. The developer has utilised all the FSI that was part of our share too. We approach them for our share, but they are not ready to give it. We want the amenity of recreation that is rightfully our. They cannot encroach on the area demarcated for internal roads as per the layout," said Joyjit Banerjee, one of the residents in Lucky Star building.
Another resident, Pradeep Desai, claimed the rules had been tweaked citing different development control regulations at different times, and that the developer had exploited the Development Control Rules of 1967 and 1991, both meant for the benefit of the project.
"Also, the developer is confusing us vis-a-vis redevelopment and SRA scheme, which are two different aspects. In one instance, while acquiring sub-let rights from the lessee of municipal plot, the developer has used DCR of 1967. But in another instance, while relocating the layout reservation and dividing the big chunk into smaller parts, they have exercised clause 23 (1a) of DCR norms of DCR 1991." said the resident.
Desai claimed that the developer, who is relying on BMC officials for helping them to tweak rules, did not have any document to prove their point, whereas the society had papers to prove their stand.
"Legally, the developer should have taken permission from our building committee for development and subsequent division of the open plot. They want to avoid spending on the FSI of the garden. They have utilised the FSI from our share and have also barricaded part of the RG. We are determined to fight until we get justice," said Joyjit Banerjee.
Even after repeated attempts, Rajiv Kuknoor, who heads the development plan department of BMC, couldn't be reached for his comment on the issue.
When contacted, the BMC Building Proposals Department said they had received a complaint in this regard and that the plan would have to be reviewed to check if there were any irregularities.
Company's response
"The area under construction on (plot) CS 854 is not a reserved area as per the development plan. Omkar Realtors have obtained all lease and redevelopment rights on CS 854. The company has also left a proportional area of 329.32 sq m (15% as per DCR 1967 norms) as the layout RG area for one of the societies, Lucky Star Cooperative Housing Society, on the plot. The said society has a plot area of 1872.613 sq m, which in no way has been affected by any construction activity being carried out by Omkar Realtors," said Ajay Nair, head, project management, Omkar Realtors & Developers Pvt Ltd.
He added: "We have procured the Intimation Of Approval and Commencement Certificate from SRA and it is in place. As per clause 23 (1-a) of DCR norms, 'The open spaces shall be exclusive of areas of accesses/internal roads/designations or reservations, development plan roads and areas for road-widening, and shall, as far as possible, be provided in one place. Where the area of the layout or sub-division is more than 5,000 sq m, open spaces may be provided in more than one place, but at least one such place shall not be less than 1,000 sq m in size. CS 854 has a total area of 12,035 sq m with a layout RG (not Reservation RG) area of 1,629.58 sq meters.'"
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