Pune: Court Stays Illegal Building Construction After Objection From Neighbours; ‘Vertical Slums Coming Up In Kondhwa’
Pune, January 22, 2021: A court has restrained owners of land and builder of Tahera Palace, an eight-floor building at survey no. 62 in Saibaba Nagar, Kondhwa Khurd, from further construction as the ‘building is unauthorized and illegal’.
A suit in this regard was filed last year by Gagan Emerald Co-operative Housing Society, Saibaba Nagar, Kondhwa Khurd, against Pune Municipal Corporation (PMC), its City Engineer, as well as MSEDCL and owners of the land Gausuddin Nabi Khan, Rashik Abdul Aziz, Naseem Rashid Momin and builder Shoeb Nazir Shaikh.
According to the suit, as per 7/12 extract of suit premises, only 1.84 R land is owned by defendants (owner/builder) and on such small pieces of land presently illegal construction of 8 floors is constructed and further additional construction is also carried out. Gagan Emerald society has objected to such construction and after an inquiry found that said construction is carried out without any permission and sanction.
Considering the illegal construction, PMC has issued a notice under Section 53(1) of MRTP Act against these landowners and the builder.
“Ongoing through documents on record it appears on 21/11/2019 the notice under Section 53(1)(a) of MRTP Act was issued regarding the illegal construction in suit premises. So also several documents show the plaintiff is trying to stop said illegal construction. Prima facie, the construction appears to be unauthorized and illegal. There is the time required for hearing of the suit. In the meantime, it is necessary to restrain the defendant no. 3 to 6 (owner/builder) on carrying out further illegal construction”, states the order issued by AB Tahasildar, Civil Judge Junior Division, PMC Court, Pune. The order was passed on January 4.
Hanif Shaikh, chairman of Gagan Emerald society, stated in the suit, “The under-construction building is being constructed on a land wherein earlier Row House No. 6 & 7 were in existence. The said Row Houses No. 6 & 7 were dismantled and thereafter this illegal construction was commenced. We thought that the ongoing construction is for the renovation of the Row Houses or a small revised construction is being carried out as per the sanctioned plan under the permissible FSI / construction capacity. Hence at the time of commencement of the said construction, for a while, no objection or reservations were raised by the Society or the other holders in the vicinity. After looking at the quantum of construction and being assured that this construction is being carried out way beyond the permissible limits, some of the members of Society reported the illegal construction to the Pune Municipal Corporation. Moreover, many complaints, tweets, objections, etc. were also filed with the PMC and its officials regarding the illegal construction at the suit premises. However, no substantial action was taken against the wrongdoers.”
Adv Md. Arshad Nehal, who is representing the society before the court, said, “After we complained to the PMC, the construction work started more rapidly. The construction is without any proper access to fire engines, ambulances, water tankers and other essential services and hence overall the vicinity and especially the members of the society are being affected and their statutory rights are being violated. In the Kondhwa region many illegal constructions are going on and ‘Vertical Slums’ are being prepared.”
The defendants could not be reached for their comment. This report will be updated after getting statements from the suit premises owner and the builder.
