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Kandivali building to lose 17 floors

On May 14, the BMC decreed all floors above the seventh were illegal, and were to be demolished within 60 days.

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An apparent violation of the Development Control Rules (DCR) stands 24 storeys tall in Kandivali West. Gaurav Gagan, a residential tower constructed by the Kandivli-based Ravi Real Estate Agents, finds itself in the middle of a controversy.

Businessman Sudhir Khandwala, who has purchased two flats on the tenth floor of the building, has moved Bombay High Court against the demolition of the top 17 storeys of the building, which has been ordered by the Brihanmumbai Municipal Corporation (BMC). On May 14, the BMC decreed all floors above the seventh were illegal, and were to be demolished within 60 days.

In January 1992, the BMC granted sanction for a stilt-plus-seven storey building. In a routine inspection five years later, BMC officers found Gaurav Gagan had 24 storeys instead. Although the BMC promptly issued stop-work notices to the builder, no corrective action was taken after that.

“What is this farce? How can someone build 24 storeys when he has sanction for only seven?” Chief Justice Swatanter Kumar asked the BMC counsel during a hearing on the matter in high court last week. “There has to be some sense of proportion.” The court has ordered the BMC counsel to look up the original papers pertaining to the building, and present them in court at the next hearing. A division bench with the chief justice and Justice SC Dharmadhikari will hear the case after two weeks.

While corrective measures will have to wait till a court decision, the BMC has drawn up a proposed demolition plan. Since the building does not have any occupants yet, the question of relocation does not arise. “Whenever a constructed building needs to be demolished, we invite quotations, call for specialised machinery and invite private contractors to do the job, which makes the task simpler,” additional municipal commissioner Ashok Khaire said. “We have to make sure neighbouring buildings are not affected.”

Earlier, two Public Interest Litigations were filed against the illegal construction of the highrise. The BMC had invited suggestions for the demolition of the top 17 floors, following a May 2002 high court order. But Khandwala alleges the hearings before the BMC commissioner did not give due consideration to the submissions made by his advocate. His petition also points out that from the total credited Floor Space Index (FSI) of 5,620 sq m, the builder of Gaurav Gagan, Jayesh Shah of Ravi Real Estate, has utilised 2,390 sq m and still has 3,230 sq m FSI left. However, the HC has asked the builder not to exercise sale rights while the case is still pending before the court.

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