Hsg soc goes to HC over redevpt row……Hetal Vyas
Challenges Nod To Plot-Holder
Challenges Nod To Plot-Holder
Mumbai: A co-operative housing society in the posh Juhu-Vile Parle area has moved the Bombay high court,challenging permission granted for redevelopment to a plot-holder in violation of coastal regulatory zone (CRZ) rules.
Jeevan Estates Co-operative Housing Society,Janaki Kutir,at Juhu dragged the Brihanmumbai Municipal Corporation (BMC),the ministry of environment and forests (MoEF),the Maharashtra coastal zone management authority (MCZMA),the state urban development department and other authorities to court for allegedly flouting CRZ norms and allowing Arvind Desai to redevelop his plot,which could be harmful to the imaginary high tide line of the area.
The societys petition stated that the plot fell within 500 meters of the high tide line (CRZ II) and construction activity there had to be in consonance with the CRZ notification of 1991.It said that the decision taken by the MCZMA at a meeting on March 25,2009,to recommend the proposal to the MoEF for clearance of the project was based on a false representation by Desai.
Desai had said that the structure was permitted and its plans were sanctioned by the BMC prior to 1983.The petitioners alleged that the authorities recommended the proposal for clearance despite their departments opinion that the proposed reconstruction was not permissible,as it did not fall within the concept of an imaginary line.
The imaginary line is to be drawn between two constructions,but according to the petitioners,there were no authorized structures on the adjoining plot.
According to the petition,Desai sought permission to redevelop his 1,007-square meter plot by constructing a three-level basement,ground floor and two floors when the proposal was for a floor space index of one.The petition stated that it was falsely claimed that the proposal was for the reconstruction of a structure,which was purportedly permitted and sanctioned by the BMC prior to 1983.The false representation was made to circumvent provisions of the CRZ notification of 1991, the petition said.
The petitioners alleged that many trees had been removed or killed by using chemicals and poison without the tree authoritys permission.They alleged that to create an impression that there was a structure and the construction was on the same plinth,an old rectangular,temporary tin-sheet structure on the plot was removed and an unauthorized ground and first floor structure was renovated.
Representing the petitioners,senior counsel Aspi Chinoy argued: Every single requirement has been flouted by the MoEF and the BMC.If the authorities have total disrespect for law,what can we do except come to the court The MoEF lawyer sought time to seek instructions.The court was informed that the MoEF had held permission for redevelopment in abeyance.
A division bench of Justices P B Majmudar and Mridula Bhatkar directed the MCZMA to produce the file containing permission granted by the MoEF on December 1.
Desai refused to comment as the matter was sub judice.
* SEA OF TROUBLE: Jeevan Estate Co-op Housing Society has dragged the BMC,MoEF and the MCZMA to court for allegedly flouting CRZ norms and allowing redevelopment
* SEA OF TROUBLE: Jeevan Estate Co-op Housing Society has dragged the BMC,MoEF and the MCZMA to court for allegedly flouting CRZ norms and allowing redevelopment