Court orders FIR against owners,builders,BMC officers

The metropolitan magistrate in Dadar had then asked senior inspector of the Worli police station to submit a report on the action taken on Khemani’s complaint.

Written by Express News Service | Mumbai | Published: August 20, 2013 12:33 am

A metropolitan magistrate Monday asked the Worli police station to register an FIR against owners,developers and officers of the Brihanmumbai Municipal Corporation (BMC) in a complaint filed by residents of the controversial Campa Cola compound.

Chandru Khemani,a resident of an eighth floor flat in Orchid Co-operative Housing Society,had on behalf of the 140 families living in the compound,filed a private complaint against M/s Pure Drinks,PSB Constructions,BY Constructions,M/s Krishna Developers and BMC officers on July 6.

The metropolitan magistrate in Dadar had then asked senior inspector of the Worli police station to submit a report on the action taken on Khemani’s complaint. “Despite the court’s order,the police did not submit a report. The court has now asked them to register an FIR,” said Khemani’s lawyer Pradeep Havnur.

Khemani in his complaint stated,“All the accused have consumed approximately about 24,000 sq ft area and utilised the same for constructing illegal flats and sold the same to the various people,including the complainant,for wrongful gain.”

The Supreme Court in February upheld the demolition of illegal floors in the complex. The apex court had,however,directed the residents to seek redressal before appropriate fora against the developers and asked the civic authorities not to proceed with the demolition till October 2. The residents are also considering the possibility of acquiring alternative accommodation from the developers.

In February 1983,the complainant stated,the corporation amended the plan for construction and allowed the construction of nine buildings of ground-plus-five floors. However,the builders allegedly used FSI in excess of 24,779 sq m.

Khemani’s complaint stated that in 1984,the accused submitted a revised plan to the corporation to construct a stilt-plus-24-storey building,a stilt-plus-16 storey building and add two floors to one five-storey building and one floor to another five-story building in the compound. The builders and developers allegedly proceeded with the construction even after the BMC held that it was in gross violation of the sanctioned plan.

“The accused have conspired among themselves and committed the offence of cheating,forgery,with their common intention to cheat the flat purchasers and induced the flat purchasers to pay them the consideration thereof and thereby the accused have earned huge amounts wrongfully,” the complaint states.

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