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This is an archive article published on February 7, 2010

Sundew again,Zagade moots old takeover plan

Despite the developer objecting to the solution proposed by the civic body to resolve the controversial Girish Vyas case...

Municipal Commissioner cites SC judgment to re-table proposal

Despite the developer objecting to the solution proposed by the civic body to resolve the controversial Girish Vyas case,Municipal Commissioner Mahesh Zagade has cited the Supreme Court judgment to re-table the proposal of taking over the 22 unoccupied apartments in Sundew Apartments,Erandwane.

In a submission to the standing committee,the civic administration cited the Supreme Court direction to examine the proposal to give 50 per cent of the building to the PMC for being used as a school or an office. It said the part of the building taken out by tenants did not form part of this proposal. “The proposal tabled in the committee to take over 22 unoccupied flats in the building and return Rs 25 lakh and Mundhwa land to the developer as compensation,is according to the Supreme Court directives,” Zagade said.

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Over a decade ago,Girish Vyas of Vyas Construction,son-in-law of former chief minister Manohar Joshi,had submitted building plans on behalf of the land owner,seeking permission for construction on plot no. 110 along Prabhat Road in Erandwane. However,it was refused on grounds that the plot was reserved for a primary school. Nevertheless, the building was constructed. The state government later directed the civic chief to inspect the land and submit a report for a possible compromise.

The developer had objected to the solution proposed by the civic body,saying it was not as per the directives of the court. “The solution of the civic administration was not with their consent and it was tabled without their knowledge in the standing committee,” it had said.

The standing committee has since then twice postponed a decision on the proposal. Former PMC commissioner Ramanath Jha had,at the instruction of the government,submitted a report offering an alternative site for the school in Mundhwa-Lohegaon.

Manohar Joshi,in his capacity as the chief minister,had relaxed the conditions of shifting of reservation beyond 200 metres under Section 13.5 of development control (DC) rules of the PMC. The Urban Development Department then directed the PMC to allow the developer to go ahead with the construction of the building in return for a deposit of Rs 25 lakh and handing over of the land at Mundhwa to the civic body.

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Civic activist Vijay Kumbhar then approached the Bombay High Court seeking a stay on use of the building and the court ordered the PMC to cancel the commencement certificate for the construction of the apartment.

The court also ordered PMC to ask Vyas restore the plot to its original position or demolish the construction. Later,the order was stayed following an appeal filed in the Supreme Court. With the issue becoming political,Joshi had to resign from his post in January 1999.


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