Expressing concern over the permissions granted to two residential towers coming up in the Khotachiwadi heritage precinct in Girgaon, the Bombay high court, in an important interim order on Thursday , restrained the builder from carrying out any further construction on the plots.
Adivision bench of Justice Abhay Oka and Justice Revati Dere also directed the BMC to initiate action against the flat owners who were given posses sion on seven of the 11 floors of the first building as no occupation certificate was issued. The second building is an 18-storey tower; it has been built only up to the plinth level. The HC said the constructions could not proceed till a 30ft-wide road was available.
The court raised the issue of fire safety over the fact that permissions were given under the assumption that there was a 30ft-wide road abutting the proposed highrises, when the road was just 10ft wide.
“This is a case where prima facie, there is a misrepresentation made by the builder to the BMC. The chief fire brigade officer without any verification on the site issued no-objection certificates,“ the bench said.“Prima facie, the NOCs stand vitiated. Apart from the illegality, the builder has exposed the occupants to a grave risk as the fire engines may not be able to approach the building.“
The HC was hearing a petition filed by the Indian National Trust for Art and Cultural Heritage against the two towers being constructed by Deekay realtors in the heritage precinct. The petition also claimed that permissions were granted without taking into view the opinion of the heritage panel and other rules.
But Deekay realtors claimed that all rules were followed.They contended that a 30ftwide road was not essential, and if the rule was made mandatory then it would affect several projects. They said the claim that fire engines would not be able to enter the building was of no significance as they had modern fire-fighting equipment.
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