Tardeo high-rise is going to be an example: HC says won't allow any illegality
'This is going to be an example for all buildings and high-rises,' said a division bench of justices GS Kulkarni and Arif Doctor, days after observing that the upper 18 floors of the 34-storey building were occupied illegally as they don't have an occupancy certificate (OC). The court on June 30 had also flagged other violations related to fire safety regulations and unauthorised changes to approved building plans.
Remarking that such situations seem to be out of the BMC's control, the court on Thursday questioned the civic body's intent, saying, 'Whether this issue be taken up casually by the corporation? Whether these people continue to reside in the building? These are the most important questions.'
The court also reiterated that if the authorities fail to highlight the steps it would take to curtail such cases, it will assume that the BMC is allowing people to live in the building without an OC, putting their lives at risk.
In its closing remarks on Thursday, the bench said that it will approach the matter objectively, as mandated by the law. 'We will not allow any illegality in any building,' it said.
The bench posted the matter for further hearing on July 10, after the BMC requested more time to file certain clarifications requested by the court. The civic body has been asked to clarify if the high-rise had a valid OC or partial OC, and what action it proposed to take if it found that the building was occupied illegally.
On June 30, the court had noted that Willingdon View only had a partial OC for the ground-plus-16 floors, but all storeys in the building were occupied. It also observed that the high-rise did not have a fire no-objection certificate (NOC)—a document confirming that adequate fire prevention and protection measures are in place.
'We are of the clear opinion that those flat purchasers who are occupying flats from 17 to 34 floors, which have no occupancy certificate, are illegally occupying these flats,' the bench had said. 'They are required to consider their position.'
The court has also directed the BMC to clarify its stand on certain allegedly illegal additions and changes made to the approved building plans. It said that some of the unauthorised changes were very serious in nature, like removing part of the slab between the 26th and 27th floors to convert the flats on the two floors into a duplex apartment.
The court is hearing a bunch of petitions concerning Willingdon View Cooperative Housing Society in Tardeo, constructed by Satellite Holdings. Construction of the building commenced in 1990, and flat owners started occupying their respective premises in 2008. As of now, 50 of the 62 flats in the high-rise are occupied.
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