A Big Scam! 216 Members losing House Ownership
“I think this is a BIG SCAM, where 216 members residing at B-14 Jagdusha Nagar Avdhut Co-Operative Housing Society (Mini-Plot) in Ghatkopar (West)-Mumbai could be losing ownership of their houses and also their Fundamental Rights from the last nine years. Political power, police and VIPs influence is playing a big role in this scam, and unfortunately, the residents are the sufferers. The new owners-Kumar Housing Corporation Ltd is playing with 216 members and trying to snatch away their fundamental rights.”–Lawrence D’Souza, a resident at this housing society.
Mangaluru: Lawrence D’Souza residing at B-14 Jagdusha Nagar Avdhut Co-Operative Housing Society (Miniplot) Jagdusha Nagar, Golibar Road Ghatkopar (West), Mumbai – 400 086 and member of Jagdusha Nagar Avdhut Co-Operative Housing Society since 2003, speaking to Team Mangalorean gave the following details regarding the big scam, where the owners of a Housing Society are trying to snatch away the fundamental rights of the house owners:
He said, “As per Society office records Jagdusha Nagar Avdhut Co-Operative Housing Society, has 8542 Sq. Ft. area of land. (Area mentioned in the Property Card by Brihanmumbai Municipal Corporation ( BMC) is 8542 Sq. Ft.) The Society was paying the Municipal taxes on 8542 Sq ft area. This plot was first developed by Ghatkopar Land Development Corporation Ltd ( Developer) in the year 1971 as per B M C Terms and Conditions (Commence Certificate and Occupation Certificate). 216 tenements were sold by Ghatkopar Land Developer on ownership basis in 1971. Later 1981 members formed the Society under Maharashtra Cooperative Societies Act, 1960”.
“The Society passed a Resolution during a Special General Meeting on 9th April 2005 appointed Kumar Housing Corporation Ltd Pune (Re-developer) to develop the society property. Society entered into Common Development Agreement with Re-developer on 4th April 2007. Re-developer through their Solicitors sent public notices and confirmed that Redeveloper has not received any claims against the Property. Re-developer was fully satisfied with the marketable title of the Society to the said property”.
“Right from the beginning, I used to fight for members rights with the Re-Developer/ Society/BMC and Mumbai Police. Members had to file the consent term with Society for re-development . I didn’t give my confirmation since so many points / doubts were not clarified by Society Committee Members. So the society along with the Redeveloper filed a case against me and other few members in the year 2008 to obtain the possession of our tenements for re-development. Due to Majority (i. e 190 members handed over the possession), we couldn’t safeguard my rights at that point of time. With the help of 200 police force, Court receiver along with Redeveloper and Committee members took forcible possession of my tenement.”
“I, without my belongings stayed with my family (Wife and 5-year-old daughter) on Society’s premises for nearly 2 months. I struggled a lot for my rights for about 2 years. Neither the News Paper /Electronic Media / Corporator /MLA / MP or any other institution supported me at that time. Only one member supported me and gave me one house to stay for me and my family. But developer and Society chairperson demolished that house in our absence, and it was monsoon season during the month of July. The house started leaking, so I climbed onto the roof to put Plastic to stop the leakage. Meantime I lost my right eye sight due to a nail injury. At that point of time, I was homeless and needed a shelter during my eye treatment. But no one helped me. After so much of struggle, the Redeveloper constructed temporary transit accommodation in the society premises by availing the permission from concerned authorities and gave possession of tenement allotted to me with other few members who opted for transit accommodation.”
“I have almost all the documents availed through RTI Act from various departments and offices to prove the facts. There is a life threat to me, my wife and daughter from some politicians, Redeveloper and Society Committee members and other people who are related to this matter. In the year of 2010 Re-developer constructed Temporary Transit accommodation as per B M C norms. I opted for Temporary Transit accommodation and presently staying in the Tenement allotted to me. Meantime there was No Objection from any department, but the Redeveloper demolished 216 tenements during 2008 – 2009”.
“Later the Redeveloper obtained part Intimation of Disapproval (I. O. D) from B M C in the year 2007 for area 8,542 Sq. Ft. and in the year 2011 B M C issued Commencement Certificate to construct only up to 2 (two ) floors. Airport Authority of India-New Delhi granted height clearance of 56.27 m AMSL (i.. e 2 (two ) floor for our Society ) in the year 2011. But Redeveloper without obtaining permissions from concerned authorities constructed unauthorized Construction of R. C. C Slabs from 2nd Floor to 8th Floor in contravention of approved plan. In 2013 BJP area corporator also lodged a complaint with the BMC commissioner to demolish the unauthorized construction and in the year 2015 Airport Authority of India issued a letter stating that the Redeveloper violated the NOC conditions (exceeded 4 floors i. e 12.23m AMSL)”.
“So Building and Factory Department of B M C ( as per MRTP Act) issued demolition notice (within 30 days) in the year 2013. But still, the developer has not demolished illegal floors as per notice in the year 2013. Later B M C filed a FRAUD F I R at Ghatkopar Police station by giving wrong C. T S Number as 72 instead of 74, to safeguard the Redeveloper from consequences. After obtaining the FIR and the Inspection report from B M C through RTI, I filed a complaint with Chef Minister / Home Minister / E O W / Police Station / Police Commissioner / Municipal Commissioner . On that basis E O W issued a letter to B M C and Ghatkopar Police Station to file a new F I R against the Redeveloper with the Correct address. Unfortunately till date B. M. C / Ghatkopar police station neither filed a charge sheet nor has taken any action against the redeveloper. Later the Redeveloper demolished unauthorized construction from 4th floor to 8th Floor Only. Till date, 3rd Floor has not been demolished as per order.”
“I had informed the above matter to Chief Minister, Home Minister, E O W, B M C commissioner / Mumbai Police commissioner / BMC Building & Factory department in the year 2015. Till date, there has been no action taken by anyone. B. M. C could have collected a penalty for non-following their orders. (approximate Rs 3 to 3.5 Crore). I feel that the Redeveloper Kumar Housing corporation Ltd has no Law and Order. Later, it was agreed and resolved that the Redeveloper will construct the Temporary Transit, Accommodation for members who are opting for the same within the above said Society premises and those who opt for rent, re-developer will be paying the rent. In January 2011 a notice was issued to above-mentioned society for Demarcation issue i. e stating that out of 8542 sq. ft. area 2842 sq. ft belongs to Collector and only 5700 sq. ft area belongs to the above-mentioned society.”
“In the meantime, the above-mentioned society was paying all the taxes to B M C. Now few Questions have been raised? How it is possible the part of the property belongs to the Collector? Why Collector has not raised the objection which caused public notices.? How B. M. C can grant I O D /C C to Redeveloper as per 8542 Sq. ft.? Why B M C is billing and accepting Property Tax from society from the year 1976 till date on 8542 Sq. Ft. area? If Collector had rights on the property, why the collector did not raise an objection and stop the re-development work? Why in the year 2011 the collector had come across with the demarcation issue ?”
“In the year of September 2014 Maharashtra Environment Department had given its clearance to the Redeveloper for the entire project i. e 8542 sq. ft. which is valid from the year 2014 to 2020. The Copies of the same have been served by the Environment Department to major Government departments including Collector of Mumbai in the year 2014 by clearly mentioning “if any one has objection / or an Appeal against this order, revert within 30 days against this order. As per my knowledge, there was No Objection from any of the departments. Now our Society has filed a Case with Bombay High court, and the Court had passed an order to the Collector office to furnish the facts of Property/area correction if any on / before 22 June 2016. So the Collector had issued a notice for an area correction to 22 other Co-op Housing societies of Jagdusha Nagar area. All those societies have OC / I O D/C C/ conveyance Deed since 1971. How and why this demarcation was raised after 40 years ?”.
“I feel that our society project has turned into a big scam. I feel that the Collector is also working under some politician’s guidance or some Politician may be involved in this matter. Due to all these confusions, 216 members may lose their ownership houses/ property. In this, matter Kumar Housing Corporation Ltd is playing with 216 members fundamental rights. Due to this Demarcation issue, the Redeveloper stopped paying the Rent to members opted for Rent from 15 months. The Redeveloper has also revoked the Bank Guarantee. Also not paid the Redevelopment charges like property Tax approximate 1.14 Crore / water Charges etc. So B M C has issued Auction notice to recover their charges.”
“Now the Redeveloper is claiming Rs 50 Crore compensation from our Society. Regarding this, I am fighting against the developer / Collector / BMC and Police to get the rights for 216 members, me being a minority out of the 216 members. The Central and state Government have development acts, but government officers and Police are not taking any action against fraud / cheater developer. Finally, I humbly request the Electronic media and Newspapers/NGO/PM/CM to come forward and help 216 members to get they fundamental rights and ownership of the Houses”.
In conclusion, my message to all those going for redevelopment or purchasing Flats from the developer, make sure you do a proper agreement with the developer. And check all permissions like Sanction Plan / IOD / CC / OC / PWD NOC / Fire NOC /Convince Deed / Property Card / Title Certificate from related departments. If not you will face consequences, just like all these 216 members of our Housing Society. Thank You!”
If you have any questions, please call Lawrence D’Souza at 9869052660 / 8268774141