Mumbai: The BMC has initiated demolition of unauthorised construction carried out in violation of the sanctioned building plan in four flats in one of the wings of Rustomjee Crown, a high-rise residential complex in Prabhadevi.The civic body had issued 138 notices to the owners of flats in A and B wings of Rustomjee Crown, which comprises ground-plus-63 floors, last year. The towers comprise three-, four- and five-BHK apartments, with areas ranging from 1,300 square feet to 3,072 square feet. The flat owners include a cabinet minister in the state government, MLAs and former MLAs.A company spokesperson for the Rustomjee Group said the construction was undertaken in accordance with the plans sanctioned and approved by the competent authorities as per 1991 DCR. “It complies with all the necessary norms and regulations and has received Occupation Certificate about 2 years ago. There are no violations on part of the developer. We have been fully cooperating with the authorities and have provided all necessary details and information sought by them. We have also been engaging with the members of the building and encouraging them to undertake the necessary corrective measures, wherever required,” the spokesperson said.The action followed a complaint filed by activist Santosh Daundkar in November regarding alleged unauthorised construction, additions and alterations, amalgamation of flats, misuse of free-of-FSI areas, and conversion of habitable areas at Rustomjee Crown.The then additional commissioner, Ashwini Joshi, directed that action be taken regarding the alleged violations. Thereafter, the BMC’s G-South ward issued 138 notices under Section 354A of the MMC Act and Section 53(1) of the MRTP Act for unauthorised work allegedly carried out in the building.In March, the civic body issued speaking orders to some flat owners regarding the alleged unauthorised merging of common lobbies into the habitable areas of flats and the merging of kitchen ducts and ventilation shaft area into habitable areas beyond what was approved in the BMC-sanctioned plan.“An area between 450 and 500 square feet has been illegally enclosed by the flat owners within their respective flats, thereby increasing the usable carpet area of the living room beyond the area sanctioned in the approved building plans,” Daundkar said.“Based on the prevailing market rate valuation of approximately Rs 50,000 per square foot, the encroached area represents an unauthorised gain of Rs 2.25 crore to Rs 2.50 crore per flat. What makes this issue particularly concerning is that the residents of the project belong to a highly influential, politically connected and affluent section of society, capable of exerting pressure at administrative and political levels,” Daundkar said.Daundkar alleged that an independent and separate access road to the municipal amenity plot designated as a recreational ground under the sanctioned development plan has not been provided. BMC G-South ward officer Swapnaja Shirsagar did not respond to calls seeking comment on the issue.Former IPS officer and lawyer Y P Singh said, “The action by BMC is welcome. However, it raises more questions than it solves. As to how the building plans were approved, which gave scope to encroach on the common areas, also has to be seen.”
