A report submitted by an architect to the Bombay High Court has confirmed that approximately 785sqm of the 6,000sqm plot in Khar reserved for a playground has been encroached by a developer. In 1995, the Supreme Court had directed that the plot be reserved for the playground.
In August this year, a division bench of Chief Justice Dipankar Datta and Justice MS Karnik had called for a report while hearing a public interest litigation (PIL) by three residents alleging that the Slum Rehabilitation Authority (SRA) had allowed Integrated Realty Projects to construct on it.
The HC had requested independent architect Amol Shetgiri of Shetgiri & Associates to ascertain the area of the vacant land available, excluding the portion on which construction is being done. The judges said inspection was necessary “to arrive at a just decision”.
The inspection was conducted on August 27 in the presence of petitioners, the developer and city survey officers.
In August, the HC told the developer that it (project) may meet the same fate as that of Supertech’s twin towers in Noida that were demolished.
The report, which was recently submitted before the HC, states that as the plot was oddly shaped, “only a physical survey was possible”.
As per the technical report, “On the basis of the physical survey, the construction area admeasuring 784.82sqm encroaches the area admeasuring 6000sqm earmarked for the purpose of a playground and as a vacant land.”
Giving the bifurcation of the construction in terms of footprint area, the report said 603.77sqm was the building structure and 181.05sqm is an underground water tank, including the compound wall. “As such, it is observed that the exact extent of vacant land available measures 5215.18sqm,” adds the report.
A rehab building is constructed up to the plinth level. However, the compound wall is yet to be constructed, as per the report.
Moreover, the developer has constructed labour sheds measuring 137.79sqm on the plot. “However, during the inspection, we were informed by the respondent developer that the labour sheds – being temporary in nature and required during the course of their construction activities on site – would be eventually dismantled and demolished,” added the report.
Further, during inspection, it was noticed that on the balance area of the vacant land there are existing chawls and slum dwelling units.
“To summarise, the area of construction (footprint of the building, underground tank and the compound wall) encroaching within the vacant land (playground admeasuring 6000sqm) admeasures 784.82 sq m. thereby making available the area admeasuring 5215.18sqm towards the vacant land,” concluded the report.
The PIL will come up for hearing in November.
