Mumbai: Chunabhatti resident says BMC ignored him, issued permit to builder in property dispute case

Updated: 19 November, 2020 07:59 IST | Sanjeev Shivadekar | Mumbai

Chunabhatti resident says was not given a fair hearing as ownership dispute reaches Vidhan Sabha, speaker asks police to conduct investigation

Ashirwad building in Chunabhatti. Pic/Shadab Khan
Ashirwad building in Chunabhatti. Pic/Shadab Khan

The dispute between a Chunabhatti resident and a real estate developer has reached Vidhan Sabha over an Intimation of Disapproval (IOD) issued to the builder for redevelopment by the BMC amid the COVID-19 lockdown.

Two-storey Ashirwad building's resident Prasad Javkar claims that he owns the building and that the builder, Ameya Developers, allegedly forged documents to acquire title and development rights.

Javkar has raised a red flag over the IOD — which paves the way for clearances and the eventual Commencement Certificate (CC) — on the grounds that the document was processed on April 9 when the city was at a complete standstill and was issued despite his complaint to the municipal commissioner, ward officer and the Building Proposal department.

Prasad Javkar, Chunabhatti resident
Prasad Javkar, Chunabhatti resident

"The dispute over the ownership is pending in the court. I had accordingly informed the civic body and the police. Without hearing my side of the story, the Building Proposal department issued an IOD. This, just two weeks into the lockdown when the civic administration's priorities for the state and civic administration was COVID-19," Javkar said.

The 48-year-old approached Nana Patole, the speaker in the state legislative assembly. Patole has asked the police to probe the case and inform his office about the outcome.

"Javkar has furnished papers to substantiate his claims. Prima facie it looks like the complainant has been cheated and police should conduct an enquiry," Patole's letter to additional commissioner of police (east region) said. mid-day has a copy of the letter.

The other side

Ameya Developers refuted all charges, saying the claims have been made with malafide intentions. "We have all the documents — property card, charity commissioner's NOC and the conveyance deed to prove that we are the owners and have the right to develop the property," Vishwajeet Salgaonkar, architect and CEO of Ameya Developers told mid-day.

Ameya Developers said that the Javkars are the legal heirs of the original lessee Shri Dattaram Baburao Javkar who leased the land from the A H Wadia Trust. The lease expired in 1996 while Amerya Developers bought the land from the Trust in 2012 by a registered deed of conveyance.

Salgaonkar's wife Sudha and son Mihir are partners in the company. "The complainant should approach the court to prove his claims and get a stay instead of making false allegations and delaying the execution of a project on a land we own," Salgaonkar added. According to the firm, around 10-12 members of the Javkar family are legal heirs of the lease and except for the complainant, none has an issue with the redevelopment.

Despite repeated attempts, officials of the Building Proposal department did not respond to calls and messages. Whereas senior police inspector Deepak Pagare of Chunabhatti police station said, "We are conducting an enquiry. A probe report will be submitted to the appropriate authority."

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First Published: 19 November, 2020 07:50 IST

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