Demolish tallest-bldg-to-be in Mumbai: PIL

Senior Advocate Navroze Serwai,petitioner’s lawyer,argued before the division bench of Chief Justice Mohit Shah and Justice N M Jamdar today that developer Shree Ram Urban Infrastructure Limited (SRBIL) “has indulged in a blatant breach of rules”.

Just because the builder claims that building is going to be “an icon” for the city does not mean that it can commit fraud,said Serwai,adding that the most blatant violation of rule was the sale of “refuge area”.

“The builder told BMC that it had earmarked around three lakh square feet as refuge area,which can be used by outsiders in cases of emergencies like flood,cyclone…. However,RTI documents reveal that around two lakh square feet area has been included in flats as outer deck area,and sold.”

Some of the construction (total area of building is 28,409 sq mt) is over and above the commencement certificate,PIL says. “The CC,first issued in February 2005 and extended from time to time till last year,allows for construction up to 43 floors. However,the builder has already constructed 52 floors,” Serwai said.

The plans of swanky apartments in the 300 meters tall building are in violation of No-Objection Certificate granted by Chief Fire Officer (CFO),according to the NGO. As per a 2007 rule of BMC,individual swimming pools are not allowed in residential buildings. However,the petition claims,approved plans show that only one pool on the amenity floor is common,while those adjoining the duplex apartments are accessible only from individual flats.

The PIL wants the court to stay the construction pending the hearing,and to form a Special Investigation Team to probe illegal construction permissions granted by BMC officials all over the city.

SRBIL director,Shubhakaran Laharuka,states in his reply that PIL is “malicious”,filed after a gross delay,at the behest of a rival builder.