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For an illegal and unauthorised construction by flouting the basic laws of redevelopment in a housing society under redevelopment, the Govandi Police has booked one of the top and leading Developers, their architect and the corrupt members of the Managing Committee of one of the housing societies in Chembur under Indian Penal Code for criminal breach of trust and cheating in connivance with the members of the Managing Committee following allegations of malpractices in the redevelopment process of the society’s property. The complaint was filed by one of the society’s resident member before the Metropolitan Magistrate, Kurla Court under Sect.156 (3) of CrPC. The Court directed the Govandi Police for filing of an FIR and a conduct a thorough probe.

The charges against the Developers are proved beyond doubt that the accused dishonestly induced the complainant and other members of the society to vacate their old premises and shift to the building which is not constructed in accordance with the law as ruled by Additional Chief Metropolitan Magistrate, 11th Court, Kurla.

Advocate who represented the complainant charged the Developers for not obtaining an NOC from the Civil Aviation Ministry before construction of towers within the property of the society but it was not done. Two towers, namely A and B having 20 floors each were constructed even before applying for the NOC from the said Ministry. Knowing well about the dishonest intentions of the Developers, the Managing Committee maintained silence and the BMC have refused to issue Occupation Certificate (OC) until the NOC from Civil Aviation Ministry is obtained.

The unashamed Developers blamed the architect who was introduced to by the society and that it was his responsibility as the project in-charge to follow-up with the Civil Aviation Ministry for the NOC. Further, the complaint said that the architect and the Developer's application for Commencement Certificate (CC) before the BMC in 2008 and that the Developers had claimed they had obtained an NOC from the Civil Aviation Ministry. An RTI filing revealed that the Developers were seeking permission now in 2015 though construction work of two towers was completed long ago and people had been coaxed by the Developers into moving into the newly built alternate towers.

The naked fact is that an NOC was applied from the Civil Aviation Ministry only in the last year 2014 and the Developers in their application affirmed that they never had applied for an NOC earlier. This means that the victimized members residing for almost four years in these two towers have been living without an Occupation Certificate. This case is similar to an another Campa Cola project as their existing old homes have been demolished by the Developers in connivance with the dishonest members of the Managing Committee making it impossible for them to move back.

The members of the co-operative housing societies in Mumbai are required to be vigilant while handing over their societies for redevelopment to such fraud and dishonest Developers carry out the unauthorized/additional unlawful constructions for their hidden financial gains which they are not entitled to. There are umpteen cases where the Developers, to sub-serve their dishonest intention, offer handsome bribes in cash and kind to the Office Bearers, members of the Managing Committee and their stooges.

It is the demand of time that when unauthorized constructions beyond the laws are the statutory norms of such intellectually dishonest Developers rather than an exception to the rules, the strict implementation of laws of the land have always to be upheld by taking stern actions against such under the laws.

AUTHOR’S COMMENT:Society members, please educate yourself and caution your friendly neighbors to be vigilant from irregularities and illegalities ruling the redevelopment industry and the illegal gratifications showered by Developers on corrupt members of Managing Committees having malicious characters and criminal conspiracy with the Developers, flagrant violation of rules and regulations as also to beware of cheat and fraud Developers and their criminal and felonious acts.