Thane: Thousands of Kalyan, Dombivli home-buyers also face uncertainty

The recently unearthed Vasai-Virar housing scam is reminiscent of a fraud where 65 projects in an area under the jurisdiction of the Kalyan-Dombivli Municipal Corporation were found to be illegal. The fate of those who have occupied flats in these buildings also hangs in the balance.

After the scam was exposed, a special investigation team was formed and an FIR was registered by the Kalyan-Dombivli Municipal Corporation (KDMC) against 38 developers in October 2022. Five or six accused have been arrested so far though not much else has happened. The buildings' residents are having sleepless nights as the civic body issued eviction notices in November last year. The corporation claims action will be taken against the buildings in question soon.

Sheetal Wagh (left) and other residents of Shiv Sai Residency. Pics/Rajesh Gupta

The whistleblower

Architect Sandeep Patil, a Kalyan resident, was responsible for shedding light on the illegal projects whose developers had produced bogus commencement certificates to get them registered with MahaRERA.

"After I found the first case, in Adivali Dhokli village [in 2020], I filed a public interest litigation in Bombay High Court in 2021. It's still pending with the high court. But eventually, as many as 65 projects were registered with MahaRERA in the same fashion. In October 2022, the FIR was filed in the matter and the Enforcement Directorate (ED) is probing the case. The corporation didn't have the guts to demolish the buildings but only broke slabs and went away," the whistle-blower said.

Sheetal Wagh (left) and other residents of Shiv Sai Residency. Pics/Rajesh Gupta

Many of the 65 projects stand on gaothan areas in Kalyan and Dombivli and were constructed either on private trust land or government land. Though many of the buildings are lying vacant, some have occupants who don't know what lies in store for them.

Authorities suspect more than 100 projects in the corporation's jurisdiction will be found to be illegal if a thorough investigation is done.

Shiv Sai Residency at Sonarpada in Shankar Nagar, Dombivli East

Residents distraught

Shiv Sai Residency, a four-storey building at Sonarpada in Shankar Nagar, Dombivli East, looks like any other building in the neighbourhood but its occupants have been uneasy nights since November as KDMC had sent them a notice to vacate the building within 30 days.

Sheetal and Rakesh Wagh moved into the Shiv Sai Residency in November 2018. "We bought this flat for Rs 25 lakh and had taken a loan with a hefty 12 per cent rate of interest. Initially, we thought the shortcomings in the construction were minor but when we came to know about the KDMC action, we were stunned. We couldn't believe that we had paid hard-earned money for a home that is illegal," Sheetal said.

Ashok Mhatre, retired Army man

Deepti Jadhav, another resident who also bought her flat for the same amount, said, "The builder knew everything was illegal but purposely kept us in the dark. Though we have paid money, we got an eviction notice. Every day for us like a bonus as we don't what will happen to the building. The building has been poorly constructed besides being illegal. Even if the KDMC regularises it, it's not habitable. Why are civic officials sending us notices despite knowing they have failed in their duty? What about banks who sanctioned the loans?"

Geeta Pandey, another resident, who has a child, said, "My husband is working in Haryana. When we bought this flat, we thought it was a dream home for us, but now the sword of eviction hangs over our heads. They [KDMC officials] will come and force us to vacate the building, I have been having sleepless nights thinking about this."

Architect and whistleblower Sandeep Patil on the terrace of his office building at Khadakpada, Kalyan West on August 11. Pic/Satej Shinde

Retired Army man fleeced

Ashok Mhatre, 59, a retired Army man had two adjacent plots near his residence at Deslepada in Dombivli East. Around 2014 he struck a deal with builders to develop the property. He was to get a percentage on the sale of each flat in two seven-storey buildings that would come up on the plots. Things were going well until 2017 but eventually, he noticed something was not right. "The construction of one building kept halting. I was later told there were some legal issues which would be resolved. Meanwhile, the other building was completed in 2020, but to my shock, I came to know it was illegal," Mhatre said.

Stunned, Mhatre approached the KDMC only to learn that the builders had not received approval from the corporation and had duped many home-buyers.
The finished structure, Samruddhi Heights, has only four occupants. "Despite having land, I have no money now. Had these goon builders not cheated me, I would have had a good retired life. I urge the corporation and government to either demolish the structures or regularise them so that justice will be served to me," he added.

When mid-day visited Samruddhi Heights, the occupants, who reside on the first floor, were puzzled by questions about the legality of the structure. A resident who didn't wish to be named said, "We have a registered agreement. I don't know about this legal thing. You must have been given wrong information." He added, "We have been told by the builders that everything is fine and not to believe rumours."

When the correspondent told him about the scam and ongoing case, he simply replied, "I don't know why no one else is living in the building. We have paid the money, got the agreement on stamp paper and are paying the home loan. I don't know what one requires to buy a home."

Patil, the whistleblower, said, "None of these 65 projects has any city survey numbers. They can't have conveyance and can't be regularised. The demolition of these buildings is the only way out. I have full sympathy for the home-buyers. The government can accommodate them in MHADA buildings but should not regularise structures and set a wrong precedent."

KDMCSpeak

Assistant Municipal Commissioner Bharat Pawar told mid-day, "The issue of these buildings was highlighted in 2020 and since then we are consistently following up on the matter. The FIR was filed against developers and land owners, architects and persons concerned. The illegal buildings will definitely face action as we get approvals for the same."

Oct 2022
Month FIR was filed against accused