LETTER SENT TO Mr. BANSI H WADHWA -
Redevelopment by Hiranandani Constructions Pvt Ltd
June 1, 2016. Ref. No. : RSS/2016-18
To,
Mr. Bansi H. Wadhwa, Architect,
M/s. B.H. WADHWA & Co.
Architects & Engineers,
A-1, Shubhasha Bungalow, C.T.S. No. 1210,
Off 10th Road, Behind Jain Temple,
Chembur, Mumbai - 400 071.
Sub. : Delay in Redevelopment project of Maitri Park CHSL., 132-135,
Sion Trombay Road, Chembur, Mumbai - 400 071, C.T.S. No. 131A 1790A;
Submission & Obtaining Occupation Certificate from BMC pending since 2013;
Architect - B.H. Wadhwa & Co., Engineers & Architects.
Respected Sir,
This has reference to the above referred subject whereby I, as a bonafide member of the society require certain informations and explanations for the unwarranted delay tactics in completion of the said redevelopment work as of date. The facts of the case as you may be aware are elucidated as here below
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1) The redevelopment project of our society commenced in the year 2006 and was suppossed to be
completed in a period of 7 years time in 2013. However as of date, 10 years down, only two
towers have been constructed that too incomeplete in some respects and still without Occupation
Certificate from the BMC. The PMC which was appointed by the General Body to look
into the progress of the redevelopment process and which was subsequently removed from the
said project without concurrence of the General Body. It is evident that the Managing Committee,
the Builder along with the Architect (yourself) found the PMC to be a hinderance in your
so-called “co-ordinated working” and hence got them removed from scene without the
consent of the General Body. I am also of the knowledge that the consent from the Civil
Aviation Authorities was not obtained which should have been done before the commencement of
the project. And also the subsequent clearance of satisfactory compliance on successful
completion of the said two towers has not yet been obtained which is prior requisite for
obtaining the Occupation Certificate (OC) in respect of the said two constructed towers. The
reasons being that an extra 10 ft. of contruction over and above the sanctioned height
was constructed by the builder which I believe has been subsequently rectified and a fresh
application has been made to the relevant authorities for obtaining the OC. Subsequent to the
removal of the PMC, was it not your duty to look into this irregularity and report to the Managing
Committee?
2) There are also many instances of incorrectness in measurements of the constructed elevation heights
and the carpet area actually available and that as per the plan for individual flats in each floor, in the
two towers so constructed. Your silence in the matter shows your connivance with the
builder and the Managing Committee in the irregularities committed.
3) From the copy of the BMC’s reply to my letter, available to me I am able to understand that a fresh
application has been made by you on I am informed that the Part Occupation Certificate was
issued on 18-02-2013 for 39 No. of flats and on 24-02-2014 for one flat for rehab of existing
members after the approval of Ch.E.(D.P.) / Hon’ble M.C. subject to compliance of balance IOD
conditions before full occupation. Thereafter till date the progress is at a standstill for reasons best
known to the Managing Committee and the Builder and Architect.
4) The BMC also informed that the Airport Authority of India has objected to the height of the
building vide their letter dt. 28-08-2004 and 03-09-2015. The BMC further state that the
Architect was informed about the same vide their office letter dt. 05-12-2014, 07-01-2015 &
22-04-2015respectively directing to remove the construction work carried out beyond
permissible height of Civil Aviation or to submit revised Civil Aviation N.O.C. for the constructed
height. They further added that the request for Occupation Certificate would be considered on
compliance of the above and balance IOD conditions.
5) Meanwhile the BMC received complaints regarding erection of framework for placing of water
tanks. The same was informed to Asst. Engr. (B&F) M/W Ward thereafter which Stop Work
Notice was issued by the Asst. Engr. (B&F) M/W Ward to the owner / C.A. to owner and
developer. The BMC letter further says that the Architect on 15-06-2015 had submitted amended
plans for reducing height of the existing R.C.C. water tank and installation of P.V.C. water tanks.
The amended plans were submitted on 05-01-2016 and that the Architect has applied for
Commencement Certificate on 11-04-2016. The C.C. was issued on 22-04-2016 for the said
amended plans.
6) The BMC department has now confirmed that the part O.C.C. application has been forwarded
by the Architect on 29-04-2016 for A & B Towers except podium floor, further stating that the
same will be processed on compliance of balance IOD conditions and O.C.C. will be issued on its
merits and compliance of the same.
My question to you is that was not your duty in particular along with the Managing Committee, in the
absence of any PMC, to keep check on the illegal regularities in constructions so carried out by the builder because of which our entire redevelopment work has sufferred thereby causing a lot of inconvenience to all the members of our society because of the inordinate delay which was uncalled for. The exhorbitant delay is beyond expectation!
Misleading the members of the Managing Committee by presenting incorrect fact of the
irregularities in the progess underway during construction / execution.
Not looking into the irregularities committed by the builder and not taking action for
stopping work. What was the need for the BMC for taking action to stop work at a later
date?
I sincerely hope that you would be kind enough to reply to this letter of mine within 7 days, else I would be compelled to approach the Council of Architects, Mumbai for necessary action which perhaps could result in blemishing your image and revocation of your licence to practice at this juncture of your professional carreer, which you may please note.
In my opinion even today I presume that the Occupation Certificate will not be in compliance with the conditional requirements. Kindly let me know when the compliance from your end for obtaining the Ready-to-occupy Occupation Certificate for the effected members.
Thanking you in anticipation of your kind consideration.
Sincerely yours,
RANJIT SINGH SAINI
Member, Maitri Park CHSL.
Senior Citizen.
c.c. : 1) The Hon. Secretary, Maitri Park CHSL.
2) Society Members (for information)
3) Dy. Chief Engineer (Building Proposal), E.S.
Ranjit Singh Saini
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