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This is an archive article published on July 17, 2018

Land grab on prime MHADA plot, Sena MLA’s role under scanner

Documents accessed by The Indian Express show while MHADA’s Mumbai Board took note of the two instances of alleged land grab and issued notices against the unauthorised activity, it did not follow up with action.

In the banner, Shiv Sena MLA Mangesh Kudalkar takes credit for a structure that has come up at New Sahakar Nagar (Express photo by Pradip Das)

The Role of a Shiv Sena legislator is under scanner with regard to two illegal constructions on a prime plot of land reserved for the state housing agency to build public amenities.

The plot, located in Kurla’s New Sahakar Nagar layout that is owned by the Maharashtra Housing and Area Development Authority (MHADA), is spread over 18,000 square feet and valued at over Rs 30 crore at current market rates.

Documents accessed by The Indian Express show while MHADA’s Mumbai Board took note of the two instances of alleged land grab and issued notices against the unauthorised activity, it did not follow up with action though the authority was considering a proposal to use the plot for an affordable housing project. In both cases, the beneficiary outfits, claimed that the work had been carried out “at the instance of” local MLA Mangesh Kudalkar.

The legislator, when contacted, did not deny this. Plaques have been installed at the site crediting Kudalkar for the work.

Records show that the parcelling out of the plot began about a year ago. Without obtaining any permission, a ground-level pucca shed for senior citizens’ recreational purposes was built.

Rambhau Gaikwad, chairman of the Jyestha Nagarik Sangh (Senior Citizens’ Federation), a local outfit, said: “We had been requesting a plot for the last four years. When we approached the local MLA (Kudalkar), he assured us that he would get things done. The construction work was carried out under his guidance.”

While construction work was completed about a year ago, a senior MHADA official confirmed that there was a delay in issuance of a demolition notice in this case. A proposal to demolish the structure is currently pending approval, the official added.

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The 18,000 square feet plot where illegal constructions have taken place. (Express photo by Pradip Das)

“Kudalkar handled all the paperwork with the MHADA authorities and the municipality. We have been asking him to make sure that all the permissions were in place. He asked us to leave that to him,” said Gaikwad.

Records show that in April this year, the Mumbai Board’s Kurla division initiated a proposal for demolition of the structure, which is yet to be cleared by the chief officer of the board.

On April 23, a registered medical trust, the Vaishnav Charitable and Medical Trust (VCMT), wrote to the MHADA for allotment of the same plot for construction of a library and a medical facility, which was denied by the latter.

On May 31, Kudalkar approached the MHADA’s Slum Improvement Board to utilise the MLA Local Area Development funds for “construction of a library and the beautification of the plot”. The board, in turn, wrote to the engineers of the Kurla division.

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Records show that on June 5, Dilip Garje, Executive Engineer (Kurla Division), wrote back to the Slum Improvement Board declining the request for issuance of a no objection certificate (NOC) for the MLA’s proposal. “There exists an October 2010 circular (issued by MHADA’s then vice-president Gautam Chatterjee) which makes it clear that plots reserved for housing or building amenities cannot be developed using MLA/MP funds. They are meant to be used solely for the purpose of reservation. The NOC cannot be given,” Garje’s letter said. On June 6, after a site visit showed that construction work had begun at the site, MHADA issued a notice to the Trust. A complaint letter in this regard was also submitted to the local police station. But despite the notice and the police complaint, construction work continued.

Advocate Dadasaheb Kharmate, Trustee of VCMT, said the work is being carried out at the MLA’s instance. “He has said he will arrange for all the permissions. I do not have any further details to share.” When The Indian Express visited the site, brick work for the construction had been completed. The contractor supervising the work confirmed that work was being carried out following Kudalkar’s instructions.

Documents show that on July 2, Kudalkar approached Mumbai Board’s Chief Officer Deependra Singh Kushwah, requesting for the issuance of an NOC for carrying out the work using MLA funds, in order to regularise the activity. “I have had a word with the chief officer. We will get all the desired permissions in the next few days,” Kudalkar said.

However, the chief officer said: “We haven’t issued any permission or NOC. I will ask my staff to visit the site tomorrow. Appropriate action will be taken if unauthorised construction is found.” Kudalkar, meanwhile, said, “The trust (VCMT) does a lot of good work. It involves members from other political parties too. They had approached me with the request for the allotment of the plot. We felt there was a requirement for a medical facility to be set up here.”

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He remained evasive when asked why permissions had not been obtained. “I’ll get back to you,” he said. Subsequent calls to him remained unanswered.

Two structures used as schools had also come up on the same plot in the past.

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