The Windermere society in Oshiwara, in a legal notice sent to the housing society of DLH Enclave, has raised several charges including alleging that the building stands on a plot allotted for a BMC hospital or dispensary.
The building had come under the scanner after Kapil Sharma, who owns a flat in the building, kicked up a controversy last month by alleging that he had been asked to pay a bribe of Rs 5 lakh by an official of BMC. However, this turned out to be his undoing as the civic body soon found that the actor had flouted norms not only in his apartment but also at his Versova office building.
The notice states that as per the initial floor plan submitted by the architect, the carpet area of each flat in the building was 1,315 sq ft whereas in the sale plan, it increased to 2,550 sq ft. Further, as a smaller plot was approved by Municipal Corporation of Greater Mumbai (MCGM), the builder was allowed to build up to 18 storeys at a higher floor space index (FSI - ratio of building floor area to plot area). This, the society alleged, had blocked air movement as the tower was really close to the adjacent building and caused ventilation there.
"We have been fighting this battle since a long time and this time we have decided to take them to the court. There have been blatant violations in the building and they have cheated the authorities too," said Anurag Pathak, chairman of the federation of Windermere co-operative society.
BUILDER RECEIVED MANY DUBIOUS CONCESSIONS
The notice also finds questions numerous concessions sought and approved by the Municipal Corporation of Greater Mumbai (MCGM). These include concession in mandatory allocation of open spaces in building projects; podium parking in 15 of the 18 floors in addition to three floors dedicated to parking; building ramp touching the compound wall; non-inclusion of staircases, lifts and lobbies in floor space index (FSI); a revalidation of permission for the dispensary whereby the building only has to surrender 1,000 sq ft to the MCGM, instead of 5,000 sq ft as per norm.
"In the wake of the earlier allegations, we had already initiated action against violations noted in the building, under the stringent Maharashtra Regional Town Planning (MRTP) Act, and had issued notices. If we get more complaints, we will look into it as well," said BMC officials of R-North ward. Meanwhile, DLH Builders dismissed the charges.
"We have complied with all the norms. In fact, we received the occupation certificate after complete inspection and verification by the BMC," said a DLH spokesperson Dilip.
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