: illegal occupation and commercial exploitation of residential premises by heavyweight entity
aliabbas
(Querist) 23 February 2013
This query is : Resolved
Respected Sir,
Our building mentioned in the address below has been illegally occupied by vested interests under the name of SBUT(Saifee Burhani Upliftment Trust) Trust who are using it for commercial purposes and creating a nuisance for the flat owners. The builder Salim Chauhan has a close nexus with the commercial entity (SBUT) and the builder has extended full support to the illegal occupation. Flat owners are appalled by the stress and nuisance created by the commercial workers of SBUT on a daily basis as they have occupied the top four floors and fire Refuge area of the building as well as converted the open terrace for private commercial use.
A case has been registered against SBUT by the Husaini tower flat owners against SBUT and the builder Salim Chauhan. Complaints to various authorities have failed miserably due to the strong influence and money power of SBUT who has recently embarked on a 3000 Cr project which should give you an idea on how large and powerful our adversary is . All our efforts have become insignificant against the mammoth power feigned by the commercial entity.
Summary of illegal encroachments by SBUT and builder:
1. Commercial Illegal Occupation of the top four floors of the building
2. Illegal occupation of open Terrace for private use
3. Illegal occupation of “Fire Refuge area” on fifteenth floor for catering related purposes and dining room.
4. It is in process of acquiring the fire Refuge area of 8th floor and construction of dining room
5. Fire Hazard risk and security threat due to occupation of fire safety Refuge area on 15th floor . The fire refuge area contains explosives like gas cylinder and stoves used for cooking.
6. Daily nuisance from workers of SBUT who overload the Lift by excessive usage.
7. Illegal and inappropriate encroachment of Parking Space by builder and SBUT
Kindly take necessary actions and stop the illegal occupation by sealing the top four floors of the building which are illegally running a commercial business on residential premises.
Sincerely:
Huseni Tower Flat Owners
43-45 Huseni Tower
Raudat Tahera St
Mumbai -3
ajay sethi
(Expert) 23 February 2013
have you complainted to BMC in writing ? oif you have done so and no action is being taken use TRI to find out the status of your complaints .
contact a local lawyer . issue legal notice to builder and the trust .then move court for necessary reliefs .
aliabbas
(Querist) 24 February 2013
The building itself has not received an OC and various RTI inquiries showed that the new building is not even reflected in the maps and survey. The maps and survey still show the old "Bandukwala bldg".
Another RTI showed that the entire area including our new building has gone under the cluster redevelopment by the same accused :SBUT trust
Huge hindrances are being put to form our society. Our immediate concern would be to form a registered society ASAP but the builder is non cooperative and we suspect some hidden negotiations with the SBUT trust.
So how can we go about building a society without builder approval?
ajay sethi
(Expert) 24 February 2013
for construction of building plans have to be sanctioned by BMC
.builder would not have demolished old building without BMC approval .
further he would not have carried out construction unless IOD / building commencement certifcate was issued
please verify whether any plans are sanctioned by BMC
unless OC is issued the flat owners cannot stay in the premises .
wait for OC then if builder does not form society take necessary steps for formation of society .
aliabbas
(Querist) 09 March 2013
The OC has not been issued since 2 years of stay , infact commercial businesses are running on residential premises in full swing
ajay sethi
(Expert) 09 March 2013
move consumer forum against the builder for deficency in setrvice . builder is duty bound to obatin OC of premises
