BMC backed illegal FSI rise in Pali Hill tower’ Petition In HC Seeks Cancellation Of Building Permissions

Mumbai: The developer of a new luxury residential tower on Pali Hill, Bandra, and the BMC colluded to illegally increase the building's floor space index (FSI), stated a writ petition in the Bombay high court. 

    Sandhu Palace, comprising two 19-storey towers, is touted as the most expensive complex in suburban Mumbai. The developer, Sandhu Builders, has been quoting more than Rs 60,000 a square foot and several large-sized flats were sold to NRIs at Rs 35 crore-plus each. 
    The petition was filed by Chetak Cooperative Housing Society, which is located next to Sandhu Palace. The society had allowed developer Sandhu to acquire development rights for three of its four plots. However, the builder allegedly usurped the rights of the fourth plot, which was not part of the agreement. 
    This plot measured 1,775 square metres and also included another 725 sq m reserved for a road setback (future expansion). 
    The municipal commissioner, deputy commissioner, executive engineer and deputy engineer (building proposal department, Bandra) have been made respondents along with the developer in the petition. The court will hear the matter on August 22, and has directed the builder to file its reply. 
    Five years ago, each of the more than 100 members of Manju Mahal building —Chetak is its housing society—received Rs 5 lakh to Rs 15 lakh for giving power of attorney to the builder to utilize about three acres of its land. 
    The agreement mentioned three plots, but the society alleged the builder "illegally" included the fourth plot as well and got them sanctioned by the BMC. 
    The petition said permissions and plans for construction of Sandhu Palace were sanctioned by BMC officials on the basis of "false and fraudulent'' representation made by the developer. 
    One of the plots handed over to the builder measured 4,828 sq m, but the society said it owned 3,940 sq m of it while the remaining 800 sq m belonged to an adjoining housing society called Shiv Sagar. 
    The developer was entitled to development rights of 9,388 sq m, said the petitioners. However, the builder got an excess FSI of 4,304 sq m and showed the total area as 13,592 sq m, it added. 
    The petition further said the developer illegally showed reservation of a recreation ground on a plot on which structures were already constructed and in existence since a long time. 
    The petitioner said it approached the BMC and developer with its grievance about the "illegal act". "However, they did not take any action and/ or intently failed and neglected to stop the illegal acts and construction activities," said the petition. 
    Last year, when the society had issued a legal notice to the developer, it put its own loss due to this "cheating and forgery" at more than Rs 100 crore. 
    Last June, the society issued a public notice, terminating the power of attorney granted to the developer. It has now asked the court to direct the BMC to revoke and cancel the building permissions. 
BUILDING BLOCKS 
    Chetak Cooperative Housing Society, next to Sandhu Palace, has filed a petition in high court 
    The society had allowed the developer to acquire development rights for three of its four plots 
    The builder allegedly usurped rights of the fourth 1,775-sq-m plot and another 725 sq m reserved for a road setback 
    The BMC, the petition says, sanctioned permissions on the basis of 'false and fraudulent' representation by the developer 
    One of the plots measured 4,828 sq m; the society said it owned 3,940 sq m of it while the remaining 800 sq m belonged to Shiv Sagar, an adjoining society 
    The developer was entitled to development rights of 9,388 sq m but allegedly got an excess FSI of 4,304 sq m and showed the total area as 13,592 sq m 
    The petitioner said it had approached the BMC and the developer, but both did not take any action

Sandhu Palace, Pali Hill, price quote: 60,000 a sq ft