It is no point in demolishing poor man's zopadpadi (hut) and allowing the builders to construct illegal buildings. It will be lawless if we differentiate between the two," the Bombay high court (HC) said on Monday, coming down heavily on a builder who has illegally added three floors to a 17-storey building — Virgo Heights — in Bandra without BMC permission.
A division bench of justices DK Deshmukh and RG Ketkar said: "How did you construct it? If you have carried out the construction without the commencement certificate issued by the BMC then it must come down."
Advocate Joaquim Reis, appearing for the developer, argued that the director (engineering), had made an internal note to the building proposal department to consider the developer's plea to allow construction of the extra floors. The bench replied: "It was an internal note. It was not for your consumption. You thought somehow or the other you may manage after construction."
The court was hearing a petition filed by Altaf Saudagar and his firm Next Estates and Projects Private Limited.
According to the petition, the developer got Mahant Alsurkar co-operative housing society to redevelop Vijay Apartments. The BMC issued clearances. After several amendments in the plan submitted to the BMC, the developer built Virgo Heights by 2008. A completion certificate was meant to be granted after the developer got a No Objection Certificate from the Airports Authority of India.
In 2010, the BMC withheld the occupation certificate saying three floors were illegal. The executive engineer then issued a demolition notice. After the HC refused to grant any relief to the developer he withdrew the petition.
Daily News and Analysis (DNA)
A division bench of justices DK Deshmukh and RG Ketkar said: "How did you construct it? If you have carried out the construction without the commencement certificate issued by the BMC then it must come down."
Advocate Joaquim Reis, appearing for the developer, argued that the director (engineering), had made an internal note to the building proposal department to consider the developer's plea to allow construction of the extra floors. The bench replied: "It was an internal note. It was not for your consumption. You thought somehow or the other you may manage after construction."
The court was hearing a petition filed by Altaf Saudagar and his firm Next Estates and Projects Private Limited.
According to the petition, the developer got Mahant Alsurkar co-operative housing society to redevelop Vijay Apartments. The BMC issued clearances. After several amendments in the plan submitted to the BMC, the developer built Virgo Heights by 2008. A completion certificate was meant to be granted after the developer got a No Objection Certificate from the Airports Authority of India.
In 2010, the BMC withheld the occupation certificate saying three floors were illegal. The executive engineer then issued a demolition notice. After the HC refused to grant any relief to the developer he withdrew the petition.
Daily News and Analysis (DNA)
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