my bldg is getting demolished
i am sending you the article that has in nutshell my bldgs case:-
SOCIETY’S GREED AFFECTS LIVES OF 6 BONAFIDE FLAT PURCHASERS.
FLAT BUYERS BE WEARY-- THE APPROVED BMC PLAN,IOD/CC & THE OCCUPATION CERTIFICATE HAS LOST ITS SANCTITY AND LEGAL EFFECT
THE TRIAL COURT JUDGE MR. MORE PRESIDING IN COURT ROOM 8, DINDOSHI CITY CIVIL COURT, PENALIZES 6 (SIX) GENUINE FLAT PURCHASERS OF GROUND + 2 FLOORS, DESPITE TAKING ALL DUE-DILIGENCY WHILE PURCHASING THE FLAT. Long Cause Suit 7712 of 1999.
IN A SURPRISING ORDER PASSED ON 17.02.2015, THE CITY CIVIL JUDGE PRONOUNCED THE BUILIDNG GROUND PLUS 2 FLOORS TO BE DEMOLISHED!! THE SOCIETY SECRETARY & OTHER MEMBERS OF SOCIETY LEAVE COURT, SMILING & THUMPING OVER THEIR VICTORY. THE BUILDER NARENDRALAL SODHI (DIVYA CONSTRUCTION) LEFT SCOTT FREE!!!
FLAT BUYERS TO BEAR THE BRUNT OF DEMOLITION, FORCED TO SPEND MONEY FOR APPROACHING HIGH COURT FOR STAY.
BMC (DEFENDANT NO.3) A MUTE SPECTATOR DURING THE ENTIRE PROCEEDINGS. THE CONCERNED LAW OFFICER FILES WRITTEN SUBMISSIONS ONLY ON THE LAST HOUR (09/01/2015) THAT TOO AFTER SEVERAL REQUEST FROM 6 FLAT OWNERS WHO PLEADED BMC TO FILE ITS SAY SO THAT THE BUILDING CAN BE SAVED FROM DEMOLITION.
Rose Co-op Hsg Society's greed affects lives of 6 middle class members who had invested their hard earned money for purchasing flats in the said Building.
Rose CHS Society, was registered on 07th October, 1996 and Occupation Certificate was issued by BMC on 03rd November, 1999. The Society is situated at at IC Colony/near Mhatre Palace Borivali West. The Building Rose Society was originally part of Layout plan comprising of 5 Building's originally sanctioned on 11.03.1989. Flats were originally sold by the Builder to members of Rose Society by virtue of Sanctioned Plan dated 1990.
The Sanctioned Plan of 1990 was further amended on 24th November, 1994 as being extension of Rose Building (Ground plus 6 Floors). Rose Society objected to construction and demanded compensation equivalent to entire floor in the proposed Building.
The Builder refused to pay compensation and carried out construction activity of only ground plus 2 floors comprising of 6 residential flats instead of 6 floors, by utilizing the available FSI as per table 14 of Regulation 32 of DCR -1991.
Suit filed in Dindoshi Court in the year 1999 on ground No Consent was taken and Sanctioned Building Plan is ILLEGAL, Case No. 7712 of 1999. Rose Society had earlier sought interim relief restraining the Builder from carrying construction. The interim relief was rejected by City Civil Court by order dated 25.02.2000 and hence the construction of Ground plus only 2 floors (only 6 flats) were carried out as per sanctioned BMC Plan dtd 24.11.1994, IOD, CC utilizing only the balance FSI as per layout plan. The OC was issued to the extended portion of Rose Building on 11.01.2005.
BMC filed their Written Submission on 09.02.2015 confirming the following facts (i) that construction was carried out as per sanctioned plan dated 24.11.1994 and (ii) that the original Layout Plan dated 11.03.1989 contemplated project being part of Layout. (iii) The construction of Ground plus 2 floors is as per the approved Layout and the construction is carried out utilizing only the balance FSI potential in the Layout and no external TDR has been utilized while carrying out the said construction.
The 6 (six) flat owners had purchased flat after filing of the Suit on the basis and strength of IOD, CC, approved BMC Plan and Occupation Certificate dated 11th January, 2005 issued by BMC. While 4 Flat owners had knowledge of Suit, the subsequent Two Flat owners were not aware or party to the Suit. The Builder issued NOC to resale Flat Owners without disclosing that the property is in dispute.
On 17.02.2015, Justice More presiding in CR No.8 at Dindoshi City Civil Court, pronounced order in open court ordering demolition of the Ground+2 Building!!! Detailed order awaited.
While the Builder, Mr.Narendralal Sodhi of Divya Construction was ordered to comply conveyance formalities within 2 weeks.
The judgment in effect penalized the Flat purchasers rather than penalizing the Builder. The ONLY issue being CONSENT from Rose Building was not taken. However the Ld. Judge erred in appreciating that the amended plan of additional structure was sanctioned on 24.11.1994, whereas the Rose Building was registered on 07.10.1996 and OC was issued on 03.11.1999.
The 6 residents were surprised at the harsh punishment meted out to them, ideally, the Builder ought to have been penalized for utilizing FSI in case if there is any violation. Demolishing the entire structure should have been the last resort.
While cases pertaining to slum dwellers/ illegal occupants are regularized, including famous Campa Cola case. Illegal buildings with no BMC permissions are regularized, however in the present case, despite sanctioned BMC plan and OC being in place still demolition order was passed!!
The Court penalized the 6 middle class Flat purchasers who had invested their hard money after seeing all sanctions, IOD, CC, Approved Plans and OC.
INFUTURE, Flat purchasers WILL have no faith in the sanctity of IOD, CC, Sanctioned Building Plan & Occupation Certificate issued by BMC. Many of the Flat purchasers had borrowed money from Bank for financing the Flat. The Builder Mr.Narendralal Sodhi of Divya Construction has not given any assurance to the Flat Purchasers.
The Judiciary is inept to the common man's suffering as that of the Family members of 6 bonafide purchaser. The pressure of loosing one's house after so many years is painful.
The moot question remains who will provide relief to the genuine Flat Purchaser, who are now made to run for legal cover and challenge the Order in High Court?? Rose Society has nothing to loose, since they could have been monetarily compensated by the Builder…WHY DEMOLISH ENTIRE BUILDING.
i wanred an advice on what should be the further procedure who have bought flat in resale and not from the builder. pls its urgent as already decision has been given for demolition.