Mumbai: The chief engineer of Brihanmumbai Municipal Corporation’s (BMC) development plan department Sunil Rathod has reportedly failed to take action on an "illegal" garage built on the compulsory open space of Vakola’s Hoshang Baug CHS by the landowner through an allegedly forged approval from the civic body.
While the joint inspection of the garage in August 2024 flagged the garage as illegal, the chief engineer has failed to revoke the completion certificate (CC) and occupation certificate (OC) of the structure even after nine months of the proposal sent by H/East ward's then assistant commissioner Swapnaja Kshirsagar.
On June 5, 2024, Melwyn Fernandes, a resident of Hoshang Baug CHS in Santacruz (E)’s Vakola, urged the executive engineer of BMC’s building proposal (BP) department to revoke the CC and OC of an illegal garage built on the compulsory open space of the society by the landowner Homyar Limbuvala. An inspection report from BMC’s buildings and factory department highlighted that the garage was illegal.
Limbuvala and the society’s builder M/s Swananda Developers had submitted a new proposal to the BP western suburbs in June 2009, through their architect Chandrakant Toraskar, seeking approval for an enclosed garage in stilt no. 1 of the society’s A building.
An affidavit was also submitted to the municipal commissioner advocating for the enclosure of the garage. However, Fernandes alleged that the landowner and the builder misused the permission from BP executive engineer by constructing a separate and unauthorised enclosed garage within the society’s compulsory open spaces.
Following the letter, officials from BMC’s building proposal department, Vakola police and Mumbai Fire Brigade jointly held an inspection at Hoshang Baug CHS on June 28, 2024.
The inspection report highlighted that the approval for the construction was sanctioned solely for the enclosure of the stilt no. 1 in A wing but the actual construction was carried out on parking no. 10 by encroaching the society’s compulsory open space.
The report, dated August 16, 2024, also observed that the garage was built upon the inspection chamber of the drainage line and blocked access for emergency life-saving services such as fire brigade and ambulance. Additionally, it also flagged that the society office was also constructed on the compulsory open space, which also blocked access for emergency services.
Based on the inspection report, the assistant commissioner of H/East ward on October 10, 2024, wrote to DP chief engineer Sunil Rathod to take action in the matter since the power to revoke CC and OC lies with him. However, Rathod has not revoked the certificates or has taken any action in the matter even after nine months.
Talking to The Free Press Journal, Fernandes said, “When I met the chief engineer DP in October 2024, he had mentioned that the garage should be demolished since there is no proposal for this garage. He requested the ward officer to submit a letter for revocation, which was duly followed. Since then I have met the chief engineer, deputy chief engineer and executive engineer and all three of them continue to play mischief by not taking any action and putting the residents at risk of their lives.”
The Free Press Journal contacted Rathod but did not receive any reply from him. Notably, deputy chief minister Eknath Shinde, recently said in the assembly that Maharashtra government will not support any illegal construction and take strict action against officials found complicit in allowing such structures to come up.
