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Wednesday, April 30, 2014

200 Metro services to run daily on Versova-Ghatkopar section The First Phase Of Mumbai’s Much-Delayed Metro Railway Will Be Operational Within A Week After It Receives Safety Clearances

Metro One plans to operate around 200 services every day on the 12-km long Versova-Andheri-Ghatkopar corridor, which is likely to open for commuters this month if it receives the safety certification. 

    "During peak hours we will run trains every four minutes, at other times the frequency will come down to 8-10 minutes," said Abhay Kumar Mishra, chief executive officer of Mumbai Metro One Private Ltd (MMOPL). The Rs 4,321-crore project promises to reduce travel time between the eastern and western suburbs, bringing the Andheri-Ghatkopar commute down to 21 minutes. Mishra said the Metro will initially handle around 7 lakh commuters every day. The line is estimated to cater to nearly 11 lakh passengers daily when the number of coaches are increased to six. 
    While final safety inspections of the Metro have been concluded, it is waiting for the certificate to begin operations. "Commercial operations can begin in seven days from the date of receipt of the safety certificate from the Commissioner of Metro Railway Safety (CMRS)," Mishra said. 
    The CMRS completed the safety inspection on April 28. Sources said he was waiting for certain approvals, regarding rolling stock and electricals, from the railway board before issuing the certificate, adding the process may take at least a week. 
    The Metro has a total of 16 rakes in its fleet, each fitted with advanced systems to ensure zero collision. The fully air-conditioned coaches are built with fire-retardant material and have wheelchair facilities for the differently abled. The trains will also have additional features like 
dynamic route maps and LED destina
tion signage. 
    Officials said commuters will have multiple ticketing options. "Apart from tokens and smart cards, commuters can also buy tickets from ticket-vending machines that can accept all forms of currency, except Re 1 coins which are smaller in size and weight," an official said. 
    MMOPL officials said the company has tied up with several health care agencies and instituted measures to evacuate people within four minutes in an emergency like a fire, over-crowding and other major technical breakdowns. 

EMERGENCY RESPONSES 
In the event of an emergency, stations will be evacuated in 4 minutes 
Victims/patients will be shifted to the nearest hospital in 10 minutes, owing to tie-ups with ambulance services along the route 
Platforms and concourse will have emergency remotecontrolled doors, which can be opened in case of smoke 

THE METRO STORY JUN 21, 2006 | Prime Minister Manmohan Singh carries out bhoomipujan FEB 8, 2008 | Work starts MAY 1, 2013 | Trial run from Versova to Azad Nagar, flagged off by chief minister Prithviraj Chavan JUNE 2, 2013 | Trial run extends till Airport Road NOV 9, 2013 | Trial run conducted on entire stretch 

WAIT ENDS 
After several missed deadlines, the route is expected to be commissioned by May 2014






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Tuesday, April 29, 2014

Civic chief wants dilapidated bldgs in island city to be vacated in 7 days BMC Weighs Option Of Moving Court Seeking Police Action

 Municipal commissioner Sitaram Kunte has given instructions to vacate all buildings under C1 category (dangerous marked for demolition) within seven days, during a pre-monsoon inspection of 18 dilapidated buildings in the island city on Monday. 

    Buildings in Chandanwadi at Marine Lines, Siddharth Vihar at Wadala and Pathan Chawl at Worli will be issued notices on Tuesday. Buildings like the four-storey Podar High School, in Dadar, have already been vacated and will be demolished in seven days. 
    Nine families still live in Siddharth Vihar, near Dr Babasaheb Ambedkar Nagar in Wadala. The building had been surveyed in 2006 and declared to be in the C1 category. The matter is now in court. Kunte instructed Alka Sasane, assistant commissioner, F(north) ward, to move the Bombay High Court for permission to disconnect electricity and water supply connections. 
    "We have made a list of buildings which are in extremely precarious condi
tion. We will decide on demolition after consulting the technical committee. I will inspect dilapidated buildings in the western suburbs on Tuesday and in the eastern suburbs on Wednesday," said Kunte. 
    "Since the BMC doesn't have the power to forcibly evacuate people from buildings declared dangerous, it is looking at filing a suo motu case against those refusing to vacate dilapidated buildings. The court can then direct the police to forcefully vacate the building and the BMC will subsequently demolish it," said a senior civic official. The BMC also plans to approach the metropolitan court under the CrPC, seeking directions to the police to take action against occupants refusing to vacate dilapidated buildings. 
    "Many Mhada and BMCowned buildings and chawls in C and D wards are stuck in red-tape and cannot undergo repairs. Redevelopment has stopped in many areas due to landlord-tenant disputes. This is a major hurdle and the main reason that these wards have the maximum number of dangerous and semi-dangerous buildings," said a corporator.


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Developer can’t transfer bldg conveyance to another firm, society is real owner: HC

Mumbai: Three decades after a building came up on a portion of a land in the city, the bid by its owner to convey the property to another firm for developing another part of the plot has come under the scanner of the Bombay high court. In an interim order, Justice Roshan Dalvi restrained the developers from constructing or redeveloping the plot except an area of 324 sq m, which has two outhouses. 

    The judge also directed the firm that it would not create any third party rights on the property except allowing the existing tenants of the two outhouses to reside there. "(The firms) seek to put up construction far in excess of the area of the two old structures (outhouses). They seek to utilize the FSI of the entire plot of land, which belongs to the society. They also seek to load TDR upon the new construction. This they cannot do. The society has rightly sought to restrain such construction," the judge said. 
    The dispute relates to a plot of land in Bandra spread over 1,310 sq m owned by Paresh Associates. In 1984, a building was constructed by demolishing an old structure. Another portion of the land, which had two outhouses with five tenants, did not opt for redevelopment. The new flat owners in the main building formed Ashadeep housing society and the agreement with the build
er specified that the land beneath the two outhouses will be leased to the Paresh Associates, who will have to become a member of the society. 
    Since 2008 the society has sought conveyance of the property and has even filed a case to seek its rights. 
    The judge observed that the society was "deemed to have been conveyed the entire property within the statutory period under Section 11 of the MOFA (Maharashtra Ownership Flats Act). The fact that a part of the construction of the two outhouses remained would not make a difference to the entitlement of the society in law". The court said the society was the only owner of the land. "The benefits of ownership cannot, therefore, accrue to (Paresh Associates). It cannot, therefore, convey any part of the plot of land under any agreement or indenture," said the judge listing the original suit for hearing on June 11.


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Tuesday, April 22, 2014

SETBACK FOR RESIDENTS OF BANGUR NAGAR HC dismisses plea against shifting of recreation ground

Mumbai: There was no reprieve for residents of Bangur Nagar in Goregaon who had opposed the BMC's decision to shift a six-acre recreation ground abutting the Link Road to another location in the neighbourhood, while allowing the original ground to be commercially exploited for constructing residential buildings. The Bombay high court dismissed a PIL filed by Bangur Nagar Youth Welfare Association challenging the corporation's 1999 decision. 

    "We find no fault in the amendment to the Bangur Nagar layout plan in the year 1999, which 
is challenged by the petitioners in the present PIL," said a division bench of Chief Justice Mohit Shah and Justice M S Sanklecha. "Besides, one cannot lose sight of the fact that the amendment to the plan was made in 1999 and the petitioners have filed this PIL only in the year 2012. This delay itself would be fatal to the petitioners (a PIL filed in 2009 was withdrawn in 2011)," added the judges. 
    The Bangur Nagar colony is spread over a sprawling 5 lakh sq mof land in Goregaon (W) and today houses 167 residential build
ings, seven commercial buildings, two schools and four temples. The dispute was over a plot of land, which was reserved for a recreation ground in the original layout of the colony. In 1999, the BMC allowed the recreation ground to be shifted to three different plots, and the existing ground be used to construct residential buildings. The petition claimed that this was against the rules and said the three plots now earmarked as recreation grounds was in mangrove plots and therefore, fell within the Coastal Regulation Zone norms. 
    The BMC opposed the PIL saying that the shifting of the recreation ground was as per rules and the three plots now designated as recreation grounds would not be subject to CRZ norms as it was approved before the rules were enacted. Laxmi Asbestos that developed the plots said that each of the plots in the colony had been provided with 15% recreation ground area. Further, though the rules required that the recreation ground earmarked for the entire layout should be over 49,921 sq m, it has actually provided 52,439 sq mof area for ground. 
    The court held that it did not find any prohibition for shifting the recreation ground in order to commercially exploit the existing ground.

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BYCULLA MARKET SET FOR A MAKEOVER VIBHA SINGH writes about the makeover Byculla market is about to get, thanks to a BMC-approved redevelopment plan

One of the oldest and biggest vegetable and fruit markets in the island city, is set to get a makeover. The Brihanmumbai Municipal Corporation (BMC) has given a go-ahead for the redevelopment of the over 156-year old Byculla market, also known as Sant Gadge Maharaj Mandai, which was founded in 1858 by the Meher family of Junnar. 

    It was called Meher Market until the 1980s, when the 333 men and women who did business here, took over it under the banner of the Byculla Market Cooperative Premises Society. The market spans an area of 2.5 acres. In 1989, the civic authorities announced the takeover of all vegetable markets in the city but the sellers of Byculla opposed the move, saying they wanted to run Meher market themselves. After 14-years, the market is now up for redevelopment. 
    Most of the licensed shopkeepers conducting business in the premises, have selected Pashmina Developers. Dr Rajendra Singh, director, Pashmina developers, says, "This market, with time, has become one of the largest fruit and vegetable markets in Mumbai and attracts more and more vendors to set up their shops here. That caused the market to become more cluttered and congested for the residents, shopkeepers and customers. The makeover plan, approved by the Improvement Committee of the civic body, is a welcome move." 
    The proposal to hand over municipal markets to private developers for redevelopment, was first tabled in February 2004 but was opposed by the corporators stating that private developers were being benefitted more than the civic body. With revised regulations, it is a win-win situation for both. The ratio of space sharing between the BMC and the developer is 10:6, that is, the BMC's share will be a little above 60 per cent and the developer's a little below 40 per cent. For every one sq m, the developer gives to the civic 
body, he will get 0.6 sq m as incentive for the saleable portion. A senior BMC official informs, "The NOC has been given to the realtor for redeveloping the BMC market, and it is as per the BMC policy where the developer would get an incentive of 0.6 sq m for every sq m he develops for us." 
    The market is all set to be razed for a modern complex which will house a market, space for the BMC and residential apartments. Currently, this market is in a chaotic state with no provision for sanitation and ventilation. Adding 
more to the problems of the locals are the narrow passage ways, unavailability of proper booths and shops leading to accumulation of waste and discarded material, not only within the market but the road connecting the market, making this area highly unhygienic for all the end-users. The redevelopment model of the market, is going to take into account all these factors. 
    Singh informs how "The structure has been designed, keeping in mind the necessities and requirements of all the stakehold
ers residents/buyers, BMC personnel and shopkeepers." The entire new structure of this market comprises of four levels of the restructured market, four levels of area reserved for the BMC and 10 floors of residential towers housing 2-BHK and 3-BHK apartments. 
    Dibyendu Banerjea, CEO-West Zone, Pashmina Developers, says, "The redeveloped market would be divided into three parts - resettlement area for the licensed vendors, built-up area to be handed over to the BMC and built-up area to be used by the developer 
for sale." The premium will be calculated on the ready reckoner land rate, which is significantly lower than the commercial ready reckoner rate. The existing urban development policy gives redevelopment an FSI of 1.33 to 2.5, depending on the year the market was built. The BMC-builder FSI ratio is 1:0.6 for markets in the island city and 1:1 in the suburbs, irrespective of the market price. 
    Using the original topography of the area, the layout has been designed in such a way that all four levels of the market can be 
accessed directly from the road, owing to the incline of the land parcel. 
    This has been predominantly done to help vendors for whom the ground level entry is important. Another design aspect of this project is the unique and identified entries provided to the distinctive stakeholders, ensuring privacy and convenience to the residents, BMC officials and vendors. 
    According to the master plan, the loading-unloading facility will be easy due to its unique and identified entries. Better and modern sanitation provisions will enhance the hygiene aspect, with ample ventilation and light avenues. 
    Demarcated booths and shops will be provided for the vendors. Wide passages will allow better inflow and outflow of materials, and provide safety for the customers visiting the market. Proper disposable systems will ensure cleanliness and hygiene in the market. 
    The shopkeepers in the market are looking for a fair deal and are hoping that the mixed development plan will benefit all. A licensed vendor says, "We have given approval to the plan as we also want a clean market and systemised working environment." 
    Ram Barot, chairman of the Improvements Committee of the BMC which had sanctioned the plan for redevelopment of the market says, "The market is in a dilapidated condition and needs urgent redevelopment. The new policy is market-friendly. Thus, the developers would come out with plans which would be profitable for both the parties." 
    Banerjea further adds that "The idea is to formulate an efficient and well-equipped modern complex that will house not only a structured market but also create space for the BMC and a luxurious residential complex with an individual entrance for each. More such innovative and pathbreaking projects are the need of the hour, whereby, it creates a winwin scenario for all the stakeholders." 

QUICK 
BYTES 
THIS MARKET, WITH TIME, HAS BECOME ONE OF THE LARGEST FRUIT AND VEGETABLE MARKETS IN MUMBAI AND ATTRACTS MORE AND MORE VENDORS TO SET UP THEIR SHOPS HERE. 
THE REDEVELOPED MARKET WOULD BE DIVIDED INTO THREE PARTS - RESETTLEMENT AREA FOR THE LICENSED VENDORS, BUILTUP AREA TO BE HANDED OVER TO THE BMC AND BUILT-UP AREA TO BE USED BY THE DEVELOPER FOR SALE.


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Saturday, April 19, 2014

MHADA gifts 77,565 sq ft to builder for a parking lot in Andheri

The builder promises to develop a common recreation area atop the proposed parking lot; residents say they will not be able to access it


Residents of several buildings in D N Nagar are up in arms a two-storey parking lot that is to come up on a plot reserved for a recreation groundaspartofeightbuildingsbeing revedeloped in their area. Though the Maharashtra Housing and Area Development Authority (MHADA) has given its nod to the Rustomjee Group, which is revedeloping these properties, residents of the other 100-odd buildings there claim this is largesse to the builder. 

    Other members of the layout believe the recreation area to be built atop the parking lot will be accessible only to those residing in buildings being redeveloped by Rustomjee Group.Beforetheredevelopmentbegan,the openspacewasaccessibletoall127buildings in the layout. 
    Residents have now written regarding this to the Chief Minister and heads of BMC and MHADA, but say nothing concrete has come of it. 
    The developers had taken over the eight buildings, home to 480 families and spread over 20,218 sq m, in 2008. A 7,206-sq m recreationgroundwasearmarked,tobesetaside and kept open for all residents in the D N Nagarlayout,constructedbyMHADAwayback in the 60s. 
    In 2012, the NOC issued to Rustomjee by MHADA had made it clear that no construction would be allowed in the recreation area. However, while applying for sanctions to construct eight rehab and six sale buildings, the developer sought permission to construct a two-storey parking lot on the open space and develop the recreation area above it. 
    Since the land was owned by MHADA, BMC sought a clarification from the housing body in reply to which MHADA's redevelopment cell staunchly opposed the parking lot's construction. "By allowing the recreation area of the entire layout to be shifted atop the podium, the open space will merely remain on paper," the executive engineer, MHADA redevelopment cell stated in his report. 
    According to the chief officer of MHADA's Mumbai Board, while there was provisiontoallowrecreationgroundsonpodiums in the Development Control Rules (DCR), in practicality such an elevated recreation ground would be accessible only to the particular society. 
    Even the chief architect, MHADA pointed out in his note while issuing the NOC that it had been made amply clear that no constructionwouldbeallowedontherecreation ground, and asked the chief officer, Mumbai 
Board to take a decision in this issue. 
    However,thevicepresident,MHADAcited an NOC given in a similar case earlier. "I haveproposedthatapolicyrelatingtoallowing podium be evolved and sanctioned in Authority. Since the case has already been granted earlier, it may be allowed for approval as per DCR," he said in note. Based on this, BMC too gave its clearance. 
    "At this rate we will lose a major recreation ground in our area. It is needless to say that the recreation ground atop a podium parking lot will never be accessible to residents of other buildings in DN Nagar," said Kamlesh Hathiyani, a resident of the layout. 
    Theresidentshavereceivedsupportfrom NGO Save Open Spaces (SOS). "Manipulation of open space to promote commercial interest of a developer at the cost of restricting public access is clearly a blatant violation 
of laws, leading to loss of a vital public open space. If MHADA and the CM's office do not put a stop to this, we will be left with no optionbuttoapproachthecourts,"saidAshoke Pandit, convenor, SOS. 
    Responding via email, a spokesperson for Rustomjee Group told Mumbai Mirror that thebuildingswerebeingconstructedaround acommon amenity open space. 
    "MHADA has granted permission for relocating this amenity open space in 2006 itself after following the due process as per the relevant policy in force. The architect appointed by the society proposed two basements plus podium on the plot, for parking of resident's vehicles. The same is approved along with a proposed access for the residents of the layout to easily access the open space as per the requirements of MHADA's NOC. 
    This amenity open space is proposed in such a way that it shall set standards for future developments in the city. All requisite permissionsfromvariousauthoritiesincluding MHADA, MCGM, Environment Department, Civil Aviation Department etc. have been obtained. The work is being carried out as per the provisions of law, regulations and policies and strictly as per permissions lawfully granted." 
    Despite repeated attempts, Satish Gavai, vice-president, MHADA, could not be contacted.

The two-storey parking lot under construction in D N Nagar

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Held for graft, KDMC engineer is worth crores Owns Eight Flats, 35L Gold

Kalyan:The Thane Anti-Corruption Bureau (ACB) has found that KDMC deputy engineer Dattatray Mastud who, along with Shiv Sena corporator Vidyadhar Bhoir and one other, was nabbed on Thursday has assets worth crores. 

    ACB officials seized 742gm gold worth nearly Rs 35 lakh, over Rs 5.6 lakh cash in three banks accounts and eight flats in the name of Mastud and his wife, who is a homemaker, in posh localities of Pune, Navi Mumbai, Dombivli and Kalyan. Mastud also owns an SUV and a motorcycle. 
    The arrest of Mastud, a 1995-batch gold medalist IITian and known for his clean image, has shocked civic officials. But a source said during Mastud's posting as an execu
tive engineer in the water department, an inquiry was initiated against him for allegedly waiving off water bill of some customers. Mastud joinedKDMC in 1995 as junior engineer and was promoted to the rank of deputy engineer. 
    While Bhoir was arrested from a Sena shakha while accepting Rs 4 lakh, Mastud and his clerk Kashinath Kadu were arrested from their office based on their phone conversations with complainant Ritu Bhatia. The accused had demanded Rs 4 lakh from Bhatia and threatened to demolish her 2,000 sq ft office in Kalyan (E) if she failed to pay up. 
    A Kalyan court on Friday remanded the accused in police custody till April 21. — Pradeep Gupta

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Thursday, April 17, 2014

Scrap Malabar Hill bldg NOC: Fire brigade

Mumbai:The fire brigade has recommended to the BMC building proposals department that a no-objection certificate (NOC) issued to an under-construction residential high-rise in the prime Walkeshwar Road area be revoked because of ambiguity in the open spaces seen on inspection of the site and the approved plan. 

    Officials say the building might face demolition if the building proposals department accepts the recommendation. The strong stand follows the Kemps Corner high-rise fire, say officials. 
    Santosh Sawant, assistant divisional fire officer, in a report submitted to deputy chief fire officer and executive engineer, building proposals, has sought revocation of the fire brigade NOC dated March 29, 
2008, and to initiate stringent action in case of violations of DCR (1991) found in the coastal regulatory zone (CRZ). 
    Already, a four-level basement, a ground floor and 10 floors have been built by a developer behind the Dani Sadan Cooperative Housing Society on Walkeshwar Road. The approved plan is for 12 floors. 

    The matter came to light in January when members of the Dani CHS complained that there were irregularities in the project when it came to fire safety norms. 
    The complainants in their letter stated that the builder had got an NOC on a false pretext; at the site there was no space for a fire engine to enter. 

    The complaint states: "The builder put up plans shows entry and exit on disputed property. The approved plan showed that in emergency the fire tender can be approached only on the west side where the driveway is and that there was no sufficient open space on the other three sides." 
    Sawant's report to the BMC 
and fire brigade says there is a dead end at the south-west side of the building, which will provide no turning space for fire engines, jumbo water tankers and special appliances like hydraulic ladders in front of the building and hinder fire fighting operations. 
    P S Rahangdale, deputy chief fire officer, said the report submitted by Sawant to revoke the NOC has been recommended. P Nesarikar, deputy chief fire officer, said a report was submitted to DMC Narendra Barde and the building proposals department two days ago. 
    The developer said: "The fire brigade has issued an NOC and there is sufficient open space for the fire tenders to enter the building. I'm not aware of the fire brigade's plan to revoke the NOC. We have all the permissions in place. Any issuewill be clarified." 

INCONSISTENT WITH SAFETY REQUIREMENTS 

    The CFO's NOC of March 29, 2008, states that the building abuts a 27.43-metre road, which is not correct. The building is accessible only from a 6.3-metre internal road with a dead end 
    The 1.5 metre open space showed on north side is incorrect. According to plans submitted, it is a disputed area 
    At least two entrance gates of not less than 4.5 metres width 
each should be provided, but the plan that has been submitted shows no such gates 
    Fire vehicles cannot be manoeuvred easily and need to traverse 76 metres 
    There is a dead end at the south side of the building 
    Access to plot on north side from Walkeshwar Road is through driveway, a disputed area for which litigation is on in HC

The Walkeshwar Rd project

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Monday, April 14, 2014

For first time, an opinion poll gives NDA a clear majority Big Wins In UP, Maha, Bihar, MP Predicted

New Delhi: For the first time in the 2014 Lok Sabha elections, a poll on Monday predicted a clear majority for any pre-poll alliance, with NDTV projecting that the NDA would get 275 seats in the 543-member House. This is 16 seats more than the poll had predicted last month. 

    The BJP on its own would win 226 seats, the highest tally ever for the party and the best by any party since 1991, the poll done by Hansa Research estimated. The UPA would win just 111 seats, with the Congress sinking to its lowest tally ever of 92 seats, it said. 
    The NDA's projected victo
ry is based on impressive gains compared to 2009 in Uttar Pradesh (a gain of 41 seats), Maharashtra (17), Rajasthan (17), Bihar (12), Andhra Pradesh (12) and Madhya Pradesh (10). In just these six states, it stands to gain 109 seats. In most other states too, the Narendra Modi-led alliance is projected to gain, though by more modest amounts. 
    The only major states in which the NDA could do worse than five years ago are Karnataka (a loss of seven seats), Chhattisgarh (two) and West Bengal (one), according to the NDTV poll. 
    In contrast, the UPA is predicted to lose seats viz-a-viz 
2009 in almost every major state, with Andhra Pradesh being the worst case, where the Congress tally could drop from 33 five years ago to just six this time. 
    Barring Karnataka and Chhattisgarh, the only states 
where the UPA stands to gain are Assam (a gain of two seats) and Bihar, where the gain of six is really only because the RJD is now part of the alliance unlike in 2009. 
'Soren wanted 50L for CIL CMD post' 
    
Former coal ministers Shibu Soren and Dasari Narayan Rao "pestered" a top Coal India Ltd official for payments and demanded Rs 50 lakh from him in return for being appointed as CIL's CMD, former coal secretary P C Parakh has written in his book "Crusader Or Conspirator? Coalgate And Other Truths". P 7 
Vinod Rai defers memoirs till June 
    
The Congress, which is reeling under disclosures by the PM's former media advisor Sanjaya Baru and ex-coal secretary P C Parakh, can breathe a sigh of relief with former CAG Vinod Rai deciding to defer his memoirs till the polls, sparing the party of what could have been a triple whammy. P 7 
Poll: TMC third largest with 30 seats he largest parties after the BJP and Congress would bethe TMC with 30 seats, the AIADMK with 22, SP with 14 and BJD with 13. The DMK, with its allies is likely to win 14 seats and the Left 22. AAP is projected to win just one seat in Delhi and 
none elsewhere, at least in the states for which details were available, which included all those with seven seats or more. 
    None of these parties, however, will be of much significance if the poll's predictions come true, since the NDA will not need any post-poll allies to form government.



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Tuesday, April 8, 2014

HC stays coastal authority's notice to Worli high-rise

Mumbai: An under-construction high-rise at Worli Seaface, the Sea Green housing society that had come under the scanner over alleged Adarsh-like violations for not obtaining CRZ approval and consuming extra FSI, has won reprieve from the Bombay high court. 

    A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha in an interim order last week stayed the implementation of the Maharashtra Coastal Zone Management Authority’s (MCZMA) stopwork notice on the redevelopment project. Hearing a petition filed by the society’s original 18 residents who have been staying in temporary accommodation since the building was pulled down in 2007, the judges, however, clarified that any application for granting occupation certificate for the building will not be considered by the BMC till further orders. 
    The court noted that the building was constructed after BMC had sanctioned the plans in 2006. “The entire building has been substantially reconstructed; and the members of the society are living in temporary alternative accommodation for the last seven years,” the court said, adding, “the interests of justice would be served if the operation 
and implementation of the stopwork notice is stayed in order to enable the petitioner society to complete the balance construction and the finishing work.” The court listed the matter for final hearing on June 16, 2014. 
    Sea Green originally had 18 flats. Its redevelopment plans underwent three changes before the BMC sanctioned it in 2006. A year later the residents moved out and the building 
was pulled down to make way for a 14-storey highrise. The MCZMA in 2011 issued stop-work notices saying the project did not have Coastal Regulation Zone nod. The reason was while the building plans were sanctioned on the basis of Development Control norms of 1989, a Supreme Court order had held that for projects like Sea Green the applicable DCR was of 1967. 
    In its affidavit, the 
BMC said that the excess area was counted and the building had consumed only the permissible FSI of 1.33. The residents in the plea to the high court said that construction of the high-rise building was almost 95% complete. They further claimed that “the society and its members will continue to suffer irreparable hardship as the existing construction would remain open to weather causing damage to the construction work, which position will be irreversible”.

RELIEF: Sea Green society at Worli Seaface

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