Posted On Thursday, December 06, 2012 at 07:54:23 AM
Taking cue from the infamous Adarsh Housing Society in Mumbai, the Pune Municipal Corporation (PMC) disconnected water supply and also issued a letter to MSEDCL to disconnect power supply to a three-storey building off Ferguson College Road in Shivajinagar.
The decision was taken under the Bombay Provincial Municipal Corporations (BPMC) Act, 1949. The building, Manikanchan, owned by Girish and Paresh Doshi is 38 years old and has been denied the services for not obtaining the Occupancy Certificate.
|Action taken against the illegal construction recently
Interestingly, the PMC initiated the action despite the PMC court’s order to maintain status quo over the demolition notice issued against alleged illegal construction. The civic body had sought the advice of legal department before snapping the power and water connections.
Girish Doshi, an architect by profession and owner of the building, had submitted a building plan for additional construction in 2000 without obtaining the occupancy certificate for the original building, which was sanctioned.
Later, it was revealed that the new plan was based on alleged forged documents. In September last year, he was blacklisted by the PMC.
Prashant Jayvant Doshi, resident of Apte Road, who had been following up the case for the last five years with the building construction department of PMC, has a legal dispute over the ownership of the land of the said building with Girish and Paresh Doshi is pending in the Pune civil court.
A case of illegal construction is also pending in the PMC court, which had stayed the demolition. A complaint was filed with the building department of the PMC by Prashant Doshi, who referred to the Adarsh housing society case, where similar action was taken despite the matter being sub judice over the ownership of land, building permission and FSI.
“I gave the reference of Adarsh case and an order of Thane Municipal Commissioner, which indicated that the civic body has all the right to act in such cases. It prompted me to file the complaint,” Prashant Doshi told Pune Mirror.
Considering the matter is sub judice, the municipal commissioner sought the legal department’s opinion. The legal department maintained that the issue of water supply and electricity has no connection with the civil suits and therefore, no legal matter will be raised if the action is initiated.
Civic officials cut the water supply on November 27 and also issued a letter to MSEDCL to disconnect the electricity. Building department executive engineer Sahebrao Dandge said, “It is definitely a rare action as it was taken after considering the provision of the BPMC Act as there was no occupancy certificate, which proved to be crucial.
The advice of legal department proved to be vital in this case.” Deputy engineer Chandrakant Gaikwad, who executed the municipal commissioner’s order, said, “This action will certainly send a message to those involved in such activities.”
Girish and Paresh Joshi told Pune Mirror, “We have approached the court and expecting that the action will be revoked.”
• After completion of the project, the builder must get an occupancy certificate from the concerned authority stating that the construction of the building is as per the approved plan and that the building is ready for occupation.
• During the construction of a building, the builder is supposed to get NOC from the PMC for water supply, road and drainage, stating that these basic amenities have been taken care of while constructing the building.
• Occupancy Certificate is an evidence of the completion of the building as per the approved plan and compliance with laws.