Mumbai: The Brihanmumbai Municipal Corporation (BMC) has initiated demolition action against unauthorised construction carried out in violation of the sanctioned building plan in four flats at Rustomjee Crown, a high-rise residential complex in Prabhadevi.
The civic body had issued 138 notices last year to flat owners in the A and B wings of the complex. Rustomjee Crown comprises ground-plus-63-floor towers with three-, four- and five-BHK apartments ranging from approximately 1,300 sq ft to 3,072 sq ft. According to the report, some of the flat owners include a state cabinet minister, MLAs and former MLAs.
The BMC action followed a complaint filed by activist Santosh Daundkar in November, alleging unauthorised construction, additions and alterations, amalgamation of flats, misuse of free-of-FSI areas and conversion of areas into habitable spaces at the residential complex.
Following the complaint, then BMC additional commissioner Ashwini Joshi directed that action be taken over the alleged violations. The civic body’s G-South ward subsequently issued 138 notices under Section 354A of the Mumbai Municipal Corporation Act and Section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act for alleged unauthorised work.
In March, the BMC also issued speaking orders to some flat owners concerning the alleged merging of common lobbies with the habitable areas of flats. The orders also addressed the alleged incorporation of kitchen ducts and ventilation shaft areas into habitable spaces beyond what was approved in the BMC-sanctioned building plan.
Daundkar alleged that between 450 and 500 sq ft had been illegally enclosed within individual flats, effectively increasing the usable carpet area of living rooms beyond the sanctioned plans. Based on an estimated prevailing market rate of around ₹50,000 per sq ft, he claimed that the additional area represented an unauthorised gain of approximately ₹2.25 crore to ₹2.50 crore per flat.
The complaint also raised concerns over access to a municipal amenity plot designated as a recreational ground under the sanctioned development plan. Daundkar alleged that an independent and separate access road to the amenity plot had not been provided.
BMC G-South ward officer Swapnaja Shirsagar did not respond to calls seeking comment, according to the source report.
Former IPS officer and lawyer Y P Singh welcomed the civic body’s action but questioned how the building plans were originally approved and whether the approval process allowed scope for encroachment into common areas.
The demolition action at Rustomjee Crown puts the spotlight on enforcement of sanctioned building plans in high-rise developments and the BMC’s responsibility to act against alleged deviations from approved plans, irrespective of the profile of the occupants. TOI
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