This is a social media experiment. I purchased a flat in Mahindra Park towards the end of 1997. Sixteen years later, I find that there are some serious problems there which need to be solved urgently. It cannot be done by a single person, and I believe social media may provide the answers.
Please find enclosed the gist of the story at Mahindra Park
Ghatkopar which I have christened "The Murky Mysteries of Mahindra Park". I have provided links to a blog I created specifically to load
documents and evidence regarding this story. Trust this is of use to those of you who follow issues of public interest and chose to take up causes.
Mahindra’s build 440 flats in 11 blocks and then
hand over part of the land to the MCGM as a Municipal Garden and also promise
to construct a Maternity Hospital in the premises in exchange for additional
FSI to construct another 40 flats!!
Dear All,
- This is to let you know that my investigations into
the "Mysteries of Mahindra Park" are over. The findings that are
relevant to you are given below. You will also find the text of a
missive sent to the MCGM and the Government of Maharashtra regarding the
observations and a request to correct the same.
- It is clear that the sale agreements signed by Mahindra Lifespace Developers ( MIPL) were for 32,463 sqmts of land and that the land use agreement mentioned in the agreement was CE/355/BPES/LON dated 14.5.1994.
- This land use plan was changed by Mahindra Lifespace Developers, without the knowledge and express consent of the members who
had purchased flats in Mahindra Park and land was unlawfully handed
over for creation of a maternity hospital, recreation ground along with
the access road to these areas.This is evidenced by the altered and amended copy of CE/355/BSE/LAN dated 26.08.2003. This is a violation of the Maharashtra Ownership of Flats Act.
- This has left the member owners of the Mahindra Park with only 26,702 square meters of land.
This is roughly equal to the FSI utilized by Mahindra Lifespace
Developers Ltd and barely keeps all the buildings and the 440 flats,
barely within FSI limits. The balance land, where FSI utilisation is not
possible due to height restrictions and D.C.Regulations, has been
unlawfully handed over to the MCGM, to obtain additional FSI, to build
another block of flats, as also TDR, for FSI to be utilised elsewhere.This is clearly unlawful and the builder has taken away land estimated by some, as worth more than Rs 140 crores!!
- The
altered plan of 26.08.2003 also does not provide for any space to be
provided for parking facilities to the 440 flat owners, as is required
by the DC Regulations and MOFA and is therefore unlawful. The open space calculations seem to be for 26,702 sqmts of land and not the full 32,463 sqmts of land.
- The
RG in front of A to E blocks has been falsely indicated as belonging to
Mahindra Park in a communication from Mahindra Lifespace Developers Ltd
dated 13.10.2010. Documents clearly evidence that MCGM owns it and that we have been only paying for its maintenance.
- Since
the MCGM would become a co-respondent in any litigation regarding the
unlawful land use plan, I have written to MCGM and the Maharashtra
Government, to repudiate this land use plan, including the sanctions for
the Maternity Hospital, RG and the TDR and to return the land taken
away from us. As also to instruct Mahindra Lifespace Developers to
issue us the conveyance for the full 32,463 sqmts of land, as per the
law and regulations prevailing.
- Cancelling the land use plan CE/355/BSE/LAN
dated 26.08.2003 and getting a revised plan, which provides for 25%
open space and car parking area for all the 440 flats, would be the way
forward.
- Mr Ashok Kheratmal has shared with
me a letter dated 24th Dec 2007signed by most members which requests
Mahindra Lifespace Developers to stop the construction of the Maternity
Home. He informs me that he had sent copies of this to the MCGM also. I
believe a similar joint petition should be sent to MCGM and to the
Chief Minister's Office,signed by all members asking the authorities to
rescind the land use plan CE/355/BSE/LAN
dated 26.08.2003 and for their intervention to get us the long overdue
conveyance for the 32,463 sqmts of land that belongs to us.
- This
should then be followed up with a legal notice from the elected
representatives in Office and signed by all the members. The litigation
should then start, if the response is not positive. The litigation
should be initiated by the elected Management Committee. The MPCHSLtd
has the option to initiate criminal proceedings for criminal breach of
trust and my counsel informs me, that it would be the best option to
take.
- My counsel informs me that a lone
member petitioning this issue, may have lesser chances of success, as
compared to the full general body. The judiciary could ask why most
members are silent and protesting only through anonymous sources, when
they stand to lose so much of their money. It is a question which media
is also asking. It is also clear that the litigation would and could
benefit everyone, so why should just one person or a few others bear the
entire burden of costs, risk and time? I have therefore declined
the financial help offered by some members and asked them to persuade
the Management Committee to act on this without further delay, or
petition the Registrar of Cooperative Societies to do so.
- As far as I am concerned I have done my bit. There is nothing more to be done here.
Vinod Natesan
D55 Mahindra Park
_____________________________________________________________________________________________
15
th February 2014
Mumbai
To,
Sitaram Kunte, IAS
Municipal Commissioner
Municipal Corporation of Greater Mumbai Municipal Head Office Mahapalika Marg Mumbai-400 001.
|
Sub:
Request to investigate possible violation of various laws relating to
the DevelopmentControl Regulations , Maharashtra Region and Town
Planning Act, MaharashtraOwnership of Flats Act, Mumbai Munical
Corporation Act, Urban Land Ceiling Registration Act and thevarious IOD’s issued to the MahindraLifespace Developers Ltd, (Previously known as Mahindra Infra-structural Projects Ltd andMahindra Gesco)
Reference:Mahindra
Park Cooperative Housing Society Ltd. MUM/WN/ HSG(TC)/8644/SAN-2001.
CTS175, Narayan Nagar, LBS Marg,Ghatkopar West. Mumbai 400086.
Your Reference:IOD dated 7.2.1994 carrying file number CE/5629BPES/AN
Commencement Certificate CE/5629/BPES dated 20.4.1994.
Commencement Certificate CE/5628/BPES/AN dated 7.4.1997
Land Use Plan approval CE/355/BPES/LON dated 14.5.1994
Altered and amended copy ofCE/355/BSE/LAN dated 26.08.2003
Dear Sir,
We,
as residents of Mahindra Park, had purchased flats underthe provisions
of the Maharashtra Ownership of Flats Act and were promised 32,463sq mts
of land since 1997, from CTS 175, N ward, Ghatkopar West.
Till date, the conveyance has not been provided for theentire 32,463 sqmts. The MPCHSLtd had, according to the office bearers, made verbal requests and these were not responded to, positively.
On 9th
December 2009, the MPCHSLtd has written to the MCGM and the local police
station of violations regarding the provisions ofthe Section 7 of the
Maharashtra Ownership of Flats Act Section, violations of DC regulations 23 and 29 and thevarious provisions of related laws. Construction of a Maternity Hospital by unlawfully handingover our land was then stopped.
The land however is guarded by theSecurity Guards of Mahindra Lifespace
Developers and is not available to us. An RG located in our premises has
been unlawfully handed over to the MCGM for public use, since 2003, in
violation of laws and without our consent. Please rescind the approval given to a public RG and return the open space.
In
2010 we received a proposal for conveyance which suggested that the land
use plan was amended without our consent and that the land committed in
agreement to us which came to 32,463 square meters and was reduced to 26,702 square meters. This
clearly is unlawful and the builder has committed a criminal breach of
trust by giving away land already sold to flat owners to the MCGM to
possibly avail of additional benefits of TDR and related FSI. The
CE/355/BSE/LAN dated 26.08.2003therefore should be repudiated and
declared null and void.
Please
also be advised that the parking lots as required by Maharashtra
Ownership of Flats Act have not been provided to all the flat owners
(only 60 or so, out of the440 flat owners, have dedicated parking lots) and
the plans submitted, do not provide the space for this. The current
practice of parking followed by residents is clearly violating the rules
for Fire Safety and was pointed out in a Fire Brigade audit.
The builder has also misrepresented facts in his letterto us of 13th October 2010,where it was mentioned that an RG under CTS 183/a is for the exclusive use ofMahindra Park residents.
Evidence indicates that in 2009 the MCGM hadwritten to MIPL to return
the RG back to the MCGM since they were not maintaining it properly. The
MPCHSLtd has been paying for its maintenance since.
We
would also like to inform you that the plot shown asIndustrial Plot
Plot D in the CE /355/BSE/LAN has been handed over Samji DhamjiShah
Developers and a residential plot “Tivon Park” is being marketed to
buyersvide their web site. We have been told by prospective buyers that the access road to this plot for motor vehicles could be given through Mahindra
Park. A similar proposal was made by Mahindra Lifespace Developers in
the past, which was rejected by the General Body. Interestingly, the
boundary wall that connects Tivon Park with MahindraPark was brought
down recently and till date, it has not been reconstructed . Since the
Management Committee has not acted on this, we have moved the Registrar
to remove the Management Committee under Section 89 of the Maharashtra
Cooperative Housing Society Act for failure to protect the assets of the
Housing Society.
The
legal counsel for the residents, had clearly warned that in the event of a
road passing through the Mahindra Park Society, connecting Tivon Park and Mahindra
Park, there would be violations of the DC Regulations with regard to open
space requirements and also violations of Maharashta Ownership of
Flats Act with respect to parking rights of members and unauthorized use
and denial of property owned by them.
It
is quite possible that this could blow up into a media circus when the
residents file a writ in High Court. More so, given that the issue of
real estate would be headline news in this election after the Campa Cola
and Adarsh stories. Appealing to you and the Chief Minister is the
first step in the process. Legal action would be the last resort. Hope
your intervention renders legal options superfluous.
For and on behalf of residents of Mahindra Park
Vinod Natesan. D55 Mahindra Park. Narayan Nagar, LBSMarg, Ghatkopar West, Mumbai 400086.
ENDS
Post Script.
I sent across a complaint to the Chief Minister of Maharashtra and received this response from his office. Hopefully corrective steps will be taken and our land returned to us.
Response from the Chief Minister's Office to Mahindra Park Residents
ENDS
