Builder encroached on Khar West plot, Bombay HC told in report
Sept 25, 2022
The August 29 report was called for by Chief Justice Dipankar Datta and Justice Makarand Karnik while hearing a PIL by three residents that the Slum Rehabilitation Authority had let Integrated Realty Projects to construct on it.
MUMBAI: A developer has encroached upon a 6,000 sqm plot reserved for a playground in Khar (w), flouting a 1995 Supreme Court order, a report submitted to Bombay high court has confirmed.
The August 29 report was called for by Chief Justice Dipankar Datta and Justice Makarand Karnik while hearing a PIL by three residents that the Slum Rehabilitation Authority had let Integrated Realty Projects to construct on it.
To arrive at a just decision, the judges sought a report from an independent agency. They requested architect Amol Shetgiri of Shetgiri & Associates to ascertain extent of vacant land available excluding the part on which construction is being done.
The report says an inspection was done on August 27 in the presence of petitioners, the developer and city survey officers. As the plot is oddly shaped, only a physical survey was possible.
"...construction area admeasuring 784.82 sqm encroaches within the area admeasuring 6,000 sqm earmarked for the purpose of playground and as a vacant land," the report says, adding 603.77 sqm was the building structure and 181.05sqm for underground water tank including compound wall. "As such... exact extent of vacant land available admeasures 5,215.18 sq m," it adds.
The report states that the rehab building is constructed up to the plinth level and compound wall is still to be constructed. It also informs that on vacant land (play ground), there exists labour sheds measuring 137.79 sqm.
"...we were informed by the respondent developer that the labour sheds being temporary in nature and required during the course of their construction activities on site, would be eventually dismantled and demolished," it adds.
"To summarize, the area of construction (footprint of building, tank & compound wall) encroaching within the vacant land (playground over 6,000 sqm) admeasures 784.82 sqm thereby making available the area admeasuring 5215.18 sq m towards the vacant land," the report says. The PIL is listed for hearing on September 29.
Source: realty.economictimes.indiatimes.com
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