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RTI Activist Mohd Afzal Questions BMC : Is Vacating Notice To Paradise Height In the Course of Law Or Was It Defined By The Builder ?

19 March 2011 2 Comments

RTI Activist Mohammed Afzal has questioned the BMC’s Building Propsal Department with a 48 hrs RTI to know if the vacating notice to Paradise Height was in the Course of Law.

Mohd.states ” The residents of  Paradise Height in Millat Nagar, Mumbai, are being Mentally Tortured by the Building Proposal Department of the BMC. They are slapped with a Vacating Notice for Complaining against the Builder who has violated all norms but the sufferings are to the Residents,It seems its been defined by the Builder.”

The residents of  Paradise Height have been running Pillar to Post for getting Justice, But in our City the Departments work on a snails pace and on Behest of the Builders. The laws of BMC always do not take its own Course; they are tilted to the preference of the Builders.

When Adarsh scam was exposed people were saying that nexus between Politicians, Bureaucrats and Administration should end as they are the source. All along I have been insisting that Nexus between officials of Building Proposal and Building & Factories department of municipal corporations, with builders and Architects as the root cause  and breeding grounds for illegal Construction. Citizens are always at receiving end. Mumbai is fast turning into another Ulhasnagar, where Court ordered that structures should be regularized by paying penalty.

80% of the buildings across Mumbai do not have Occupation Certificate. Citizens have no option when they pay up the entire consideration of the flat to the builder; they are under compulsion to shift immediately. It is more of a necessity.

Just last week Maharashtra Information Commissioner Mr. Vilas Patil wrote to Municipal Commissioner stating that 60% of the RTI application are pertaining to the Building Proposal and Building & Factories department of municipal corporations and that he needs to act, so that appeals can be brought down.

Murder and assaults of RTI Activist’s are a result of nexus between officials of Building Proposal and Building & Factories department with builders and Architects to a great extent, when an RTI application is filed the Architect and or the Builder are immediately informed , before any hearing takes place the application is confronted by the builder, thus increasing the danger of attack on an RTI Activist.

In the Case of Paradise Height the Builder failed to fulfill the promises made as per the agreement clauses and topped it with the below mentioned violations:

  1. Refuge area was enclosed in to a flat,
  2. Open wire ducts were totally enclosed. Fire brigade officials conducted a fire safety audit and 99% violations were found.
  3. 1 lift was promised but is not installed till date.
  4. Builder was running a Restaurant with an NOC illegally granted. The basic norm is if building has no Occupation Certificate no BMC dept can issue any license.
  5. Builder had encroached one side of the open space with 90 feet X 20 feet, there were various other violations.

There is a criminal case, Consumer Court Case and Case with the Deputy Registrar’s office, The Local Oshiwara police station  is influenced by the builder, whereby 3/4 days ago the Police came to the building at 1.30am beat up the watchman and compelled him to open the gate.When the residents approached the same Police station against the Builder the officer stated that it’s a civil case.

On behest of the builder the building Proposal officials have slapped a notice to all members of Paradise Height building to vacate their flats as the building does not have  OC (Occupancy Certificate), Its again to be noted as stated above 80% of Buildings in Mumbai do not have an Occupancy Certificate have all of them been issued a Vacating Notice ?

I have filed a 48 hrs RTI to know of the notice that was issued if it’s on a routine basis or are the notices issued only to target this building alone. This RTI will prove that there exists a nexus between the Builder and the officials he ends.

Enclosed are the Evidences :



  • Best Wishes said:

    Good work by RTI Activist Mohammed Afzal.

  • Alex said:

    Let the corrupt know they r being noticed.
    Well Done!