User:Panjetan786110/Husaini Tower

Recently, Husaini Tower has become the “Eye” of an impending storm about FSI (Floor Space Index) violations being committed by developers in the island city of Mumbai, in evident connivance with the Babu’s (State Government officials) of the BMC (Brihanmumbai Municipal Corporation) and MHADA (Maharashtra Housing And Development Authority). Cessed (Properties which attract Repair Tax payable to MHADA/BMC) buildings which are undertaken for redevelopment by landlords/developers, under various schemes of the DC 1991 Rules (Under Rule 33), require 70% “Irrevocable consents” from the in-house eligible tenants of the said building/s. The irrevocable consents are submitted to the MBR&RB (Mumbai Repair & Reconstruction Board) affiliated to MHADA, for ascertaining the eligibility of the tenants. The existing carpet areas of each individual tenement are certified by the MBR&R Board for ascertaining the minimum carpet area to be allotted to each residential tenant, as per the norms of DCR 1991. The developer has to execute a PAA (Permanent Alternate Accommodation) Agreement, individually with each tenant, on which the developer has to pay its corresponding Stamp Duty, Register and adjudicate the same with the Jt. Sub-Registrar of Mumbai City. After this process, the MBR&R Board then issues a NOC (No Objection Certificate) to the developer, in order to apply for the IOD & CC (to the BMC). However these areas are not taken into consideration once the developer applies for the IOD (Intimation of Disapproval) to the BP (Building Proposal) Department of the local ward office of the BMC. This is because the FSI component & incentives thereof for the redevelopment of the building, is strictly derived from the last available inspection extract of that building done by the BP department only. The developer then submits a proposed plan, to the BP department, on the basis of the “Total Permissible” BUA (Built-Up Area) as ascertained by the BP department. However, the developers here play with numbers and put up contradictory and superficial measurements on each of the submitted drawings, which are very promptly approved by the BP department in lieu of “favourable” returns. Once the plans are approved, the developer is then provided with the CC (Commencement Certificate) by the BP department. Since the approved plans itself are “illegal”, the developer then leaves no stone unturned to construct as much illegal FSI (depending on how deep his pockets are) for sale in the open market. Here the developer blatantly ignores all norms laid down in the DCR 1991, from constructing units bigger than the maximum allowance to encroaching (and selling) upon the free of FSI fire ducts, service floors, refuge areas and common terraces. All these illegal activities are not bereft of the attention of the Babus, who are simply happy in making their merry. In the melee of all these events, the developer then allots the old “Rehab” tenants their new tenements. The said possessions of the “Rehab” tenements have to be to be given thorugh the MBR&R Board, only after a second certification of all the original eligible tenants. The areas allotted to the “Rehab” tenants are once again ascertained by the MBR&R Board, whose original certification itself does not stand any legal ground, according to the inspection extract prepared by the BP department. This effectively means that the MBR&R Board officials are not given any summary powers to verify how much FSI has actually been consumed by the developer against the total permissible BUA. Thereafter the developer has to propose a Co-operative Housing Society with the Dy. Registrar of Societies, of all the tenants and new buyers under the MOFA Act 1963. Until this procedure is complete, which inadvertently takes an indefinite timeframe, the developer starts collecting maintenance (which includes property tax, water benefit tax, house-keeping, common electricity bills and other incidentals) from the occupants/ owners in the new building. The property tax of each individual unit is arrived at, after the officials from the A&C (Assessor & Collector) Department physically measure each unit and calculate its BUA. Here, the curtains come down on all the games being played by the developer and the Babus, as these measurements are actual and do not ever match the measurements approved in the development plans submitted by the developer to the BP department, nor with the figures mentioned in the Irrevocable consents and PAA Agreements submitted to the MBR&R Board! Husaini Tower has been a witness to all these above illegalities and FSI thefts, and all of the above have also been reported, right since December 2012, to all the relevant & “competent” (pun intended) authorities, but to no avail. Even the Ld. Metropolitan Magistrate of the 57th Court, Sewree is unable to initiate any legal proceeding against the mischievous developer, as any prosecution under the MRTP Act 1966 can “only” be initiated by the development authorities (BMC or MHADA)! The only bright spot in this entire scandal is the honest Fire Report prepared by the ADFO (Assistant Divisional Fire Officer) Santosh D. Sawant of the Mumbai Fire Brigade, under Ref. No. FB/Cell/41 dated 7 June 2013, who was bold enough to state that Husaini Tower is a “Fire Hazard” and an impending catastrophe in the happening, as the entire building does not conform to the Fire Safety Norms laid down in the NOC issued by the Mumbai Fire Brigade to the developer. Finally the Chief Promoter elect of Husaini Tower, Zoyeb Akbarali Engineer residing on the 10th Floor of Husaini Tower, decided to highlight the plight of the tenants like that of the residents of Campa Cola Compound (http://en.wikipedia.org/wiki/Campa_Cola_Compound_Case) and put up a huge banner on the eastern side of the high-rise stating “COMING SOON CAMPA COLA PART 2”. The electronic media through the IBN Network (http://www.ibnlokmat.tv/archives/159053) on 19 February 2015 and print media through DNA (http://www.dnaindia.com/mumbai/report-demolish-our-building-husaini-tower-residents-tell-bmc-2062525) and Mumbai Mirror (http://www.mumbaimirror.com/mumbai/cover-story/BMC-we-are-Campa-Cola-II-in-the-making/articleshow/46306161.cms) on 20 February 2015 and Times of India (http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Demolish-illegal-floors-of-Bhendi-Bazaar-highrise-21022015007023) and Hindustan Times (http://paper.hindustantimes.com/epaper/viewer.aspx?noredirect=true) have brought this entire scandal to the knowledge of the general public at large, but till date there is no initiative on the part of the State Government of Maharashtra or the higher officials in the BMC and MHADA to bring the guilty to justice.