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Mumbai civic body yet to acquire ground near Rustomjee Crown residential complex
The BMC is yet to receive possession of a 735.99-square metre recreation ground adjoining the Rustomjee Crown residential complex on Gokhale Road in Prabhadevi.
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The Brihanmumbai Municipal Corporation (BMC) is yet to receive possession of a 735.99-square metre (sqm) recreation ground (RG) adjoining the Rustomjee Crown residential complex on Gokhale Road in Prabhadevi, as well as the access road to the ground, civic officials told Hindustan Times.
Civic records show the BMC was given “advance possession” of the Shahid Colonel Santosh Mahadik Maidan nearly 19 years ago, but there is no record of final possession being given to the civic body, sources in the BMC said. The access road to the ground has also been merged with the internal driveway of Rustomjee Crown, the officials added.
G-South ward Assistant Commissioner Swapnaja Kshirsagar confirmed that final possession of the ground and access road had not been handed over to the civic body by Rustomjee Group, the developer.
As reported by HT on Tuesday, the BMC began demolishing unauthorised alternations in 138 out of 372 apartments in Rustomjee Crown on Monday, following a complaint from civic activists Santosh Daundkar and Mahesh Shirvatkar.
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Activists allege breach
In their complaint, the activists alleged that besides unauthorised alterations, the developer had failed to provide an independent Right of Way (RoW) or access road to the Shahid Colonel Santosh Mahadik Maidan. Instead, the access road was merged with the internal driveway of the residential complex, effectively restricting public access to the ground, they claimed.
The complaint further stated that the developer had ignored repeated written reminders for a separate access road to the ground from the Assistant Superintendent of Gardens and the Assistant Engineer (maintenance).
A civic official told HT on condition of anonymity that presently, the ground can be accessed through a staircase via Saamna office road.
“The developer will hand over the access only after the road opposite the Saamna office, currently being used for vehicular traffic, is closed, as per the commencement certificate issued by the building proposals department,” the official said.
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The Rustomjee Group denied any violation on its part. It said that as per the registered undertaking, it had constructed the right of way, which was accessible to the public as well as Rustomjee Crown residents.
“Since the old Prabhadevi Road is still fully open, the general public uses that for accessing the RG area,” a spokesperson from the company said.
The recreation ground, too, had been formally handed over to the BMC and was being maintained by them, the spokesperson noted. “The corporation has taken possession and the property is officially recorded in the name of the BMC,” the spokesperson said.
BMC record
A BMC internal communication note dated February 2 asked why a dedicated public access route was not provided as part of the sanctioned layout and applicable Development Control and Promotion Regulations (DCPR). It said that the ground could have been located along the Gokhale Road frontage within the same layout, ensuring easier public access, but this option was not adopted when the licensed surveyor finalised the layout.
Under the 2018 provisions of the DCPR 2034, developers of eligible projects have two options for recreation ground land – they can either hand over 100% of the ground to the civic body for public use and avail TDR benefits, or hand over 70% and avail FSI benefits. Grounds must be handed over to the BMC before commencement of a project.
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On Monday, the BMC began demolishing unauthorised alterations in flats in the residential complex after completing the statutory process of issuing notices, considering residents’ representations and passing speaking orders. The alterations violated the sanctioned plan and FSI norms, officials said.
Rustomjee Crown comprises three basement levels, a ground floor and 63 upper floors. Floors 14-63 are designated for residential use and comprise three wings—A, B and C. Wings A and B, which have 186 apartments each, have already received Occupation Certificates.
The BMC had earlier issued 138 notices to flats in Wings A and B under relevant provisions of the Mumbai Municipal Corporation Act and the Maharashtra Regional and Town Planning Act. Residents were given hearings and opportunities to submit documents and explanations before speaking orders were passed.
During Monday’s action, alterations in at least three flats were demolished. They included portions of common lobbies, kitchen ducts and ventilation shafts that had allegedly been enclosed and incorporated into habitable or storage areas. According to the ward office, each affected flat in wings A and B had encroached on approximately 200-250 sqft.
“The demolition drive will continue for a month and we have sought police protection until August 28,” a civic official said.
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