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aliabbas (ta)     23 February 2013

Illegal occupation and commercial exploitation of residentia

Related case:

https://www.lawyersclubindia.com/forum/Re-Can-commercial-office-reside-in-residential-tower-45054.asp#.UShXAmdhgY0

Our newly redeveloped building (without OC) mentioned in the address below has been illegally occupied by vested interests under the name of SBUT(Saifee Burhani Upliftment Trust) Trust  who are using it for commercial purposes and creating a nuisance for the flat owners. The builder Salim Chauhan has a close nexus with the commercial entity (SBUT) and the builder has extended full support to the illegal occupation. Flat owners are appalled by the stress and nuisance created by the commercial workers of SBUT  on a daily basis as they have occupied the top four floors and fire Refuge area of the building as well as converted the open terrace for private commercial  use.

A case has been registered against SBUT by the Husaini tower flat owners against SBUT and the builder Salim Chauhan who is not allowing us to form a society using beaurocrtatic roadblocks. Complaints to various authorities have failed miserably due to the strong influence and money power of SBUT who has recently embarked on a 3000 Cr project which should give you an idea on how large and powerful our adversary is . All our efforts have become insignificant against the mammoth power feigned by the commercial entity.

Summary of illegal encroachments by SBUT and builder:

1.        Commercial Illegal Occupation of the top four floors of the building

2.        Illegal occupation of open Terrace for private use

3.        Illegal occupation of “Fire Refuge area” on fifteenth floor for catering related purposes and dining room.

4.        It is in process of acquiring the fire Refuge area of  8th floor and construction of dining room

5.         Fire Hazard risk and security threat due to occupation of fire safety Refuge area on 15th floor . The fire refuge area contains explosives like gas cylinder and stoves used for cooking.

6.        Daily nuisance from workers of SBUT who overload the Lift by excessive usage.

7.        Illegal and inappropriate encroachment of Parking Space by builder and SBUT

Kindly take necessary actions and stop the illegal occupation by sealing the top four floors of the building which are  illegally running a commercial business on residential premises.

 

Our efforts Showed:

The building itself has not received an OC and various RTI inquiries showed that the new building is not even reflected in the maps and survey. The maps and survey still show the old "Bandukwala bldg".

Another RTI showed that the entire area including our new building has gone under the cluster redevelopment by the same accused :SBUT trust

Huge hindrances are being put to form our society. Our immediate concern would be to form a registered society ASAP but the builder is non cooperative and we suspect some hidden negotiations with the SBUT trust.
So how can we go about building a society without builder approval?

 

 

Sincerely:

Huseni Tower Flat Owners

 

43-45 Huseni Tower

Raudat Tahera St

Mumbai -3



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