11 May,2011 06:39 AM IST | | Varun Singh
Municipal commissioner sends list of over 30 builders, who sold flats without obtaining occupation certificate, to police stations in Mira Road urging them to take action
That nearly three dozen builders got away by selling flats in Mira Road without procuring an occupation certificate (OC) is not new; but that the civic body actually sent notices to the police station exhorting them to put the erring behind bars was singular. After formulating a list comprising over 30 builders and their 80 projects, Shivmurti Naik, the municipal commissioner of Mira-Bhayander Municipal Corporation (MBMC), decided to throw the book on the errant builders, when it was found in the course of last three years that the builders had handed over possession of flats to buyers, having conveniently eschewed the task of obtaining an OC.u00a0
Home's not so sweet anymore: Residents of the buildings are anxious
and say they have been asking for water connections for a long time.
Gaurav Enclave at Mira Road. Pic/Mahesh Chafe
u00a0u00a0u00a0u00a0
Notice unheeded
Naik said the civic body's notice to the builders went unheeded. "We had given a notice of 15 days to all the errant builders to apply for the OC. But no one did and hence we were forced to take action against them," said Naik. "We have sent letters to all the police stations within the MBMC limit and given them a list of builders along with their addresses, so that they can take action against them. Criminal cases will be registered against builders for cheating buyers by selling them flats without any OC. They have fooled the buyers and this can not be taken lightly."
Amarsinh Nimbalkar, Police Inspector from Bhayander police station, said: "We have received a letter from the MBMC, but I have to look into it. We will check what documents are available with the MBMC and other legalities will also be looked into. Only then action can be taken." Imtiyaz Shaikh, who has been staying in Mira Road since 2001 blames both the builder and the MBMC for lack of basic amenities in his building.
"We have been constantly petitioning both the builder and the MBMC to give us road, light, water and an OC for our building. The builder did not even provide us a water connection from the MBMC. Besides, there is no fire fighting system and the lift is also not working properly. In 2005, we got water connection after spending money from our own pockets. The roads leading to the building were bad and the MBMC developed the road last year only after we stopped paying property tax," said Shaikh. Yogesh P, another resident was worried his flat might be demolished. "Even if the builder is put behind bars I don't care. What I am worried is that my flat should not be touched by anyone," he said.
The Other Side
Builders on the receiving end of the municipal commissioner's ire blame the corporation for not giving them enough time to get the OC. "Just 15 days are not enough to even apply. The notice sent by BMC was not sent to me. It first reached the architect and by the time he could ready the papers the time was up," said Yogesh Bosamiya of Rashmi Properties. Ketan Shah of Ravi Group, said, "I had applied for OC several times but never got it."u00a0Another builder imputed the commissioner's "harsh" actions to his impending exit from the civic body.
"After a month the commissioner will leave his post and hence he is taking such harsh actions," the builder said.u00a0Boman Irani, the president of MCHI-unit of extended suburbsu00a0-- whose firm does not feature in the listu00a0-- said: "If the corporation is so serious about the OC, they should set up a cell and give a time frame of six months, so that the builders get time to get the OC. Some of the builders are big names in the sector and they have contributed to the development of the city. They will surely cooperate with the MBMC."
What the law says
Senior officials from the town-planning department of the MBMC said that under the new corporation provision of 67 (A) enforced since 2008, any building that does not have an OC is supposed to pay three times the property tax. "This new law made people realise that they were paying more because of the builder's fault.
Hence, they started making enquiries at the office and after a thorough study we decided to take action against the builders," said an officer on condition of anonymity. Naik is also planning to file a civil suit against the builders. "The scope of the Indian Penal Code to bring to book builders, not having the OC, is limited. We are targeting the builders because buyers are innocent. They have bought the flats with their hard-earned money. We can't go and demolish the buildings as people stay there, but if any irregularity is observed, we might go ahead with the hammer," said Naik.
In the list:
'u00a0Ravi Group
' Unik Shanti Developers
' Shantistar Builders
' Oswal Builders
' Rashmi Properties
' Neelkamal Construction
' Tirupati Developers
' Pragati Developers
' Jayesh Enterprises
'R K Construction
' K M Tatra
' Priyanka Developers
'l Rajmandir Construction
' R K Builders
' Kothari Enterprises
' Sandhy Enterprises
' Sonam Builders
' Chandanshanti Group
' Gujarat Estate
30 The approximate number of builders who are in the dock
