Did MMRDA ignore its own terms to favour builder?

Two important documents were issued on the same day despite one of the documents laying down time-consuming conditions for the other's issuance, reveals RTI

Two important documents were issued on the same day despite one of the documents laying down time-consuming conditions for the other's issuance, reveals RTI
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BUILDERS have always complained about the inordinate amount of time taken by various authorities to issue clearance certificates for beginning construction on projects.
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The building, which is under construction, in Sonamigram, Goregaon

The time has only increased since the Adarsh scam, with every official, including the chief minister, treading cautiously and poring over each file.

An RTI has proved, however, that in real estate, like in other sectors, red tape and delays can be avoided altogether if one pulls the right strings.
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The RTI, filed by one Sohail Bhimani, reveals that the Intimation of Approval (IoA) and Commencement Certificate (CC) for a project in Goregaon, which usually take five to six months to be issued, were given to RNA builders by the MMRDA on the same day, on August 5, 2009.

The clearances were sought for RNA Exortica, a complex consisting of a 48-storey residential building and a 10-storey commercial one in Sonamigram, Goregaon. The RTI was filed on March 4 and the reply was received on April 5.

The IoA document (copy with MiD DAY) clearly states that a CC will not be granted until certain terms like the presence of a compound wall and the appointment of a structural engineer are met and permissions, like those needed for using the land for non-agricultural purpose, are granted by the collector and other authorities.

Despite this, the MMRDA gave RNA builders the CC on the same day and allowed it to go ahead with construction.

"Getting the IoA and CC for any project takes at least five months and a CC is granted at least one month after the IoA because the builder needs to take more permissions from the BMC, fire department, ward office, collector etc. It is surprising that a builder was given both documents on the same day.
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I have never seen a case like this before," said a real estate expert, who did not wish to be named.

Files missing?

When Bhimani asked for documents related to the terms being met, the MMRDA replied that the information was not available in its records.

This is indicative of either the files having gone missing, like they did in the Adarsh case, or the terms not having been met by RNA builders before the CC was issued.


The commencement certificate (above) and the intimation of approval were both issued on August 5, 2009


Bhimani's RTI also asked for documents of the BMC certifying the drainage layout of the buildings, which was mentioned as a pre-condition for granting the CC in the IoA.

The MMRDA, however, replied that this information, too, was not available in its records.

Other irregularities

The sanctioned plans, as per the RTI, show that permission was given to RNA only for a ground floor (without a basement), 2 levels of parking and an additional fourteen floors for the residential building.

RNA's latest brochure and a survey of the site, however, indicate that the building will have three levels of basement, 12 levels of parking and 26 floors. The brochure clearly mentions that it will be a 48-storey building.

When MMRDA was asked through the RTI about the actions that can be initiated, and by which department, against RNA builders for this irregularity, the authority replied that a stop work notice had been issued to the developer.

All this was stated to the RTI application asked on March 4, 2011 and replied on April 5.

Activist's take

Bhimani owns a shop in a complex in Oshiwara, which was constructed under MMRDA's relief and rehab scheme.
MiD DAY had also reported about his fight against the lack of basic amenities in that project ('Taxpayers to pay Rs 640 crore for builders' lapses', March 19).

"It looks like the MMRDA favours RNA builders. When I asked, through the RTI, how they were given the IoA and the CC on the same day and asked for documents, I got the reply that the records were not available.
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Either the records have gone missing or they have not been given to me. In both cases, it is a wrong thing to happen," he said.

The Other Side

Mohan John, vice president, corporate planning and strategy at RNA builders, said, "The construction is at foundation level, so there is no question of a stop work notice being issued for constructing more floors than were approved.
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The IoA and CC were obtained on different dates, and approval for an extension in the number of floors is obtained as part of amended plans in many cases."

Dilip Kawathkar, PRO, MMRDA, said, "I am aware of the stop work notice. We have to check the records for other things and necessary action will be taken accordingly."