How to get revoked the occupation certificate granted to illegal building

Sadanand B. Panchal (Querist) 25 November 2014 This query is : Resolved
Respected Experts,
The developer in the year 2008 while constructing building felled 18 trees with permission of the Tree Authority-in the year 2011 felled another two trees without permission-Therefore complaint was filed by the occupant of the same plot before the Garden Department of H-West Ward BMC. The officer from the Garden Department visited the site and found that two trees felled illegally and also found that the developer has not replanted the 18 trees in the Plot within 30 days from the date of cutting of trees violating its own undertaking given to the Tree Authority-Thereafter the said officer reported to its higher Authority about violation of section 8 and 21 of the Maharashtra Protection and Preservation of Trees Act, 1975-N.C. Complaint was issued by the Ward officer BMC before the Senior Inspector of Police station under section 8, 21 of the Act. Pursuant to the said complaint the Police registered First Information Report against the Developer in the month of January 2012. Pursuant to the said First Information Report, a Complaint Case was registered before the Hon'ble Metropolitan Court but the Charge Sheet was filed against bogus accused by the Investigation officer of the Police Station.
At the time of the leading of evidence the PW 1 who is the Horticultural officer of the Garden Department BMC deposed that the offence of tree fell was committed by the Developer itself. When original complainant PW 2 was called for lead evidence it was found that the developer was not arrested and presented before the Court but the bogus person was brought by the IO. Matter is still continued and pending.
It was astonishing that pending the matter of court Complaint case as aforesaid i.e. First Information Report against the developer according to BMC itself, the Superintendent of Garden Department has violating the Rules granted No Objection Certificate to the building Proposal with falsely stating that the developer has planted 44 trees. As the tree condition under the IOD was shown to be fulfilled by false NOC from the Tree Authority, the Executive Engineer (B.P.) issued Full Occupancy Certificate to building named Dunhill. Matter of Tree fell pending in the Court.
The grant of illegal OC is now published in two newspapers.
I am the original complainant in the matter. I feel that such malpractices have been regularly done by the Tree Authority Mumbai with the effect the number of trees in Mumbai decreased. It will affect the environment. The developer also not provided the Rain Water Harvesting System to the Plot, entire earth below to the rock and to the property line of plot boundary is removed and replaced basement and parking so constructed.
Kindly inform me How to get revoked the Occupation Certificate granted to illegal building. Whether by way of filing complaint to the Additional Municipal Commissioner or any other officer or by way of Suit or by way of Writ Petition. I have already filed right of way Suit against Society, developer and BMC despite pendency the OC was found to be granted. There are number of complaints including MOFA Act against the illegal building construction for many violations but the BMC officers ignoring and complainants are either threatened or settled. Therefore I am fighting alone. Please give me hand.
What to do for getting suspend the officer Superintendent of Gardens who issued NOC despite there was complaint of its Authority pending against the developer in concerned with the same Plot and Building permit.
Regards,
Sadanand Panchal

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M V Gupta (Expert) 26 November 2014
Lodge complaint with Commissioner with full details and photographic evidence to show that trees were not planted s per conditions imposed by the Garden Dept. Guilty Officers will be suspended and departmental action against them will be taken. You may also demand in your complaint that the OC issued to the building should be cancelled.