Mumbai rains: Vasai landslide exposes builder-chawl mafia

Two people were killed in the landslide; (Inset) the land owner Mary Felix Gracias, died in 2009 her relatives say. Pic/Hanif Patel

The relatives of land owner Mary Felix Gracias were shocked that her name is mentioned in both the FIRs in connection with the Vasai landslide incident, as she passed away in 2009. Two people lost their lives early this week in the landslide. The crime branch has arrested Ajit Raisahab Singh alias Mantu Singh, owner of Mitwa Realty, in the case.

Gracias's granddaughter Serena Fernandes contacted this reporter to talk about the matter. "I am really shocked to know that my grandmother has been named in two FIRs in connection with the tragic incident in Vasai," said Fernandes, a senior executive at an MNC in Bandra Kurla Complex (BKC).

Assistant Municipal Commissioner (AMC) Neelam Nijai is the complainant in both the FIRs in which five people, including land owner Gracias, builder Mantu Singh and others have been made accused under Section 304 of IPC and various sections of the Maharashtra Regional and Town Planning (MRTP) Act.

Also read: Vasai landslide: Five booked in two separate FIRs

The other structures built on the plot. Pics/Hanif Patel

"My grandmother passed away on September 30, 2009. The VVCMC knows well that Mary Felix Gracias is no more as her death certificate was issued by it on October 5, 2009. Then why did the AMC Neelam Nijai defame my grandmother by making her a co-accused?" asked Fernandes.

"There are 60 names in the extracts of 7/12 of survey number 146 (1), Rajiwali, Vasai where the landslide claimed two lives. What is the intention of the municipal corporation behind only naming one person i.e. my grandmother and that too, in two FIRs?" asked Fernandes.

"The civic body has all the information including names in the extracts of 7/12 and our land which is under litigation. But the complainant has not given the address of my grandmother in the FIR. Why? The intention of this assistant municipal commissioner is questionable," Fernandes told mid-day.

Rudolph Gracias, nephew of the land owner

She claimed a civic official told her the complainant's intention, "could be to keep these two cases unsolved so that the strong nexus between the corrupt civic officials and chawl-builder mafias is not unravelled". "This is why Nijai deliberately put my grandmother's name in the FIR despite knowing she is no more and kept my grandmother's address undisclosed, so that the probe team cannot reach her," Fernandes claimed.

About the land

Gracias' nephew Rudolf Gracias said, "There are three parts of plot survey number 146. Part 1 belongs to our Gracias family. It is a 15-acre land which is under litigation and the civil suit is pending at Vasai court. "

Talking about the background of Gracias, 64-year-old Rudolf said, "One of her daughters lives in Canada, another lives in Marol, Andheri. Her eldest daughter lives in Vasai but she is handicapped. One of her three sons passed away, another one has slipped into coma as he has brain tumour."

"Builders started to encroach upon the farm land and damaging the yields. The names of 60 people are there in the 7/11 extract. So, it's a combined property but it is under litigation, which the builders took advantage to construct chawls to trap innocent home buyers," he added. "Gracias has purposely been made co-accused in the FIRs as those concerned know about her children and that they cannot take a strong stand in her support. This is really very sad," said Rudolf.
The investigation

mid-day has learnt that crime branch officials have written a letter to civic commissioner, the complainant AMC and Assistant Town Planning Officer (ATPO) to investigate into the sections of MRTP Act mentioned in the FIR.

A senior crime branch officer said, "Did the complainant visit the area and conduct a survey to know about the illegality of the land? Did she conduct panchnamas undersigned by at least two panchas? Does she have any photographs of the illegal work? Was any notice given to the builder, land owner or the tenant or the trio? Was sufficient time period of 15 or 30 days given to them to adhere to the government norms? We need clarity on each question."

"And if there is no survey report, no panchnama, no photographs of any illegal or unauthorised construction, how have they insisted on the MRTP Act in the FIR?" said another crime branch officer.

When asked, Nijai quipped, "How can we conduct a survey when the structure got damaged in the landslide? I've taken charge as AMC hardly three months ago. These structures were built during my predecessor's tenure. Ask him."

Complaints made earlier

A crime branch officer said many social activists and political parties had made complaints to the civic body in the past two three years regarding the unauthorised construction in Wagralpada area in Rajiwali, Vasai East. Crime branch officials arrested one accused Ajit Singh alias Mantu Singh from Kandivli on Thursday night in the case. "Since the 15-acre land is under litigation, small-time builders - under the shelter of big players - encroached on it and made around 30 rooms illegally and sold them. There are multiple chains of agreements and we will call everyone for questioning," the crime branch officer said.

5
No. of people booked in two separate FIRs