MUMBAI: If the civic body is to be relied upon during the approval stages of a building’s redevelopment, it can make homeowners mere tenants at the stroke of a pen. One such case has come to light wherein BMC deputy law officer made 32 flat owners of Bhansali Estate Cooperative Housing Society mere tenants or occupants of the building.
The society is located at Daulat Nagar, Borivali East.
After having learnt of the anomaly, a 76-year-old Suman Shah finally managed to lodge a First Information Report with Borivali’s Kasturba Marg police station.
The legal opinion report approved by BMC’s then deputy law officer Priti Purandare reads, “…the copy of the Deed of Conveyance registered…wherein the Bhansali Estate has been conveyed to the Party of the Second Party, the purchasers Hirani Realtors Pvt Ltd. The recital of the said document speaks that the purchaser is entitled to the entire benefit of additional and further FSI subject to the rights of the said society and its members. The said society consists of 32 residential flats occupied by tenants…”
“…existing building Bhansali Estate CHS is occupied by the tenants and not the purchasers of the flat or the flat owners of the said building…The conveyance of the entire land along with the structure of the building is in favour of the present owner who has purchased the said land along with the building.”
“…the rights of the ownership of the building still lie with the owners of the land…Hence, the consent of the said tenants is not necessary for developing the plot with plot potential as their rights are not affected…”
According to her complaint, the developer bypassed the society and directly got the conveyance done in his name. A few years after the conveyance, the developer – Hirani Realtors –was appointed as developer, thereby clearly indicating incorrect happenings.
The senior citizen told Mumbai Mirror that BMC’s legal opinion report makes the flat owners mere tenants or occupants and “we lose all the rights over our homes, which is completely wrong and misleading, other than the realtor having taken over the plot on which the building stands. In case the developer discontinues the reconstruction of the building, we homeowners will not have any locus standi and will be rendered homeless.”
Showing the realtors’ annual report, she pointed out that back in 2010-11, the year conveyance of the plot was done, Hirani Realtors’ annual income was mere Rs 2,640. Even after eight year, the total income remains the same at Rs 2,640, making one think about the financial soundness of the developer.
Hardik Hirani from Hirani Realtors said, “We are not aware of any FIR. No such intimation has been received from the police.” On the legal opinion report, Purandare replied, “The opinion is always based on documents submitted in the file. It’s almost five years now. I cannot recollect. I have even retired from services now.”