After dragging its feet for six months, BMC admits in court that eatery made illegal alterations to Mamta building
The cafe was also running without a BMCâu00c2u0080u00c2u0088health licence. Pic/Nimesh Dave
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The residents of Mamta building in Bandra West can finally heave a sigh of relief. After their six-month-long battle against an encroached space on the ground floor, an illegal cafe Aromas running there has shut shop since March 8. Incidentally, March 8 was the same day BMC admitted to irregularities in the eatery in the Bombay High Court.
The high court was hearing a writ petition filed by Mamta building resident Arif Ali. Prior to the petition, the residents had filed various complaints in 2017 about illegal alterations being done on the ground floor, which were also disturbing the structure. Following this, on October 28, 2017, the H-West ward office had sent a notice to the owner under section 354(A) of the Mumbai Municipal Corporation Act for carrying out illegal work on the ground floor. mid-day first reported about this on November 4, 2017, in, 'Bandra building fears Siddhi Sai-like collapse'. But work began in the space once again after the owner leased out the space to a cafe. mid-day reported about this on December 16 - 'Bandra's Mamta bldg is noisy and shaking again'.
Writ petition filed
Ali then filed the petition in HC. When the court began hearing the petition, the H-West ward took action against the cafe, named Aromas, by issuing a notice on January 18 under the MRTP (Maharashtra Regional and Town Planning) Act for continuing illegal construction.
Speaking to mid-day, Ali said, "Because the officials did not take further action, I moved high court. This month, during the hearing, BMC admitted before court that it had rejected the cafe's health licence and the ground floor structure had made illegal alterations and additions. Ironically, the cafe had previously remained functional even after multiple complaints, and BMC had refused to take action against it. But after the court hearing, the cafe shut down."
Ali claims the civic body approached the cafe owner on March 7, a day before the hearing, to tell them about the rejected health licence. The cafe didn't open the next day and has remained closed ever since. Ali said, "BMC said in its submission that it will take further action under MRTP Act against the occupier of the ground floor, but so far nothing."
Further action
The letter submitted by BMC on March 7 (mid-day has a copy) mentions rejection of the health licence due to non-compliance to notices, and states further action will be taken, considering encroachment on compulsory open space. He added, "The owner had encroached on compulsory open space. I am surprised that the same BMC had earlier refused to take action in this case, terming the work as 'tenantable repairs'. But under the pretext of tenantable repairs, the owner had structurally damaged the building, risking the life of residents." Despite calls and messages, assistant municipal commissioner, H-West ward, Sharad Ughade and assistant engineer Bhaskar Momle did not respond.
Also read: Illegal construction starts again at Bandra building even after BMC's stop-work notice
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