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Developer failed to stick to bldg plan, gave residents possession without OC
Two separate cases of fraud and cheating have been registered in Navi Mumbai against a group of builders and government officials on the directions of the high court. The order came after Navi Mumbai residents Sunil Kumar Lahoriya and Pramod Mittal moved a writ petition in the court.
In the first case, Lahoriya moved a criminal writ petition against builders and NMMC officials on the ‘illegal construction’ of Vignahar CHS at sector 14, Nerul. The petition asked permission to file an FIR in the case and the court directed the local police station to register a complaint. According to the complainant, the builders of Vignahar CHS had two structural plans for the building of which one was approved by NMMC,but the building was constructed as per the other plan.
Lahoriya bought a flat in the building and since no society had been formed, he was authorised by other members to sue the builder on their behalf. Lahoriya’s advocate said his client obtained the original plan of the building using RTI and came to know that it was not what had been promised in the brochure.
In the Vignahar CHS matter, a case was registered with Nerul police station under sections 406, 420, 467,468, 471, 409 and 34 of the IPC against builders Vijay Gajra, Lada Ravariya, Dinesh Patel, Verasi Dama,Govind Varchand, Keshavji Gala, architect Anurag Garg and his wife from Dimensions Ltd, structural engineer AG Gokhale and NMMC officials Umesh Patil, Dilip Kulkarni, Sanjay Banait and others. In all, 12 people were identified as accused.
In another case, Pramod Mittal moved a criminal writ against the builders of Green Heritage building at sector 20, Kharghar, and other government officials attached to Cidco,MSEDC and the crime branch, seeking permission to register a FIR. Kharghar police registered the complaint against 36 people in accordance with a direction from the court.According to the complainant, the builders of Green Heritage building gave possession to its residents without getting an occupancy certificate (OC). Cidco provided water to the building without verifying the documents and MSEDC provided an electricity connection.
Even though Cidco and MSEDC sent the builder a notice to submit the OC in October, they failed to take action against him, the complainant said. “When my client approached thecrime branch, the DCP tried to suppress the case. He held back the case and got involved with the builders of Green Heritage. So we have made the officer and other government officials co-accused in the case,” Mittal’s advocate said.
The case has been registered against Vijay Gajra, Dinesh Patel, Gangaji Bhanushali, Sunil Gala, Sohail Gala, Karman Patel and other partners in the Green Heritage project including Vasant Bhanushali, TP Rana, Jumma Khumbhar, architect Anurag Garg and his wife, RCC consultant AG. Gokhale, NC Bhopi. The co-accused are Cidco chairman Pramod Hindurao, Cidco JMD Tanaji Satre, TC Benjamin (secretary, urban development department, Maharashtra), Manukumar Srivastava, L Radhakrushnan, SS Sandhu, Rahul Asthana, Bhaskar Wankhede (commissioner of NMMC), Namdeo Rama Bhagat, Vasant M Bhoir, MD Lele (chief planning officer, Cidco), V Venu Gopal (MTS), Vivek Marathe (MTS), Shivaji Jondhale (CCUC), DJ Chavan (executive engineer electrical), NS Patil, (executive engineer, water supply, Cidco), chief eng. Bhandup div. MSEDCL, SG Karpe (sup. eng. Vashi Circle), DR Sabu, DV Swanande (Dep. Eng. Kharghar Sub Div.), Subhash Rathod and 20 other besides DCP (crime branch) Dattatrey Shinde and officials from additional town planning departments of Cidco and NMMC.
In latest developments….All the builders involved in the Green Heritage case were remanded to judicial custody on the 16 th of May 2012 by the Belapur Court,but 2 of the accused,Mr.Gajara and Mr.Patel,fled from the Court premises and are currently absconding.The police have registered a case for absconding against them.