Vidyavihar complex: Whistleblower now moves Bombay HC against lapses by BMC

Neelkanth Kingdom in Vidyavihar has seven towers. Pic/Stuti Galiya

Trouble seems to be mounting for the developers of Neelkanth Kingdom, a residential complex in Vidyavihar West, and a few flat owners. Days after a court asked the police to start a probe into the society's water connection which was allegedly obtained through fraudulent means, the whistleblower has moved the Bombay High Court accusing BMC officials of dereliction of duty and conniving with the developers and some flat owners.

Stuti Galiya, the whistleblower, also owns a flat in the housing colony of seven towers. She had filed a private criminal complaint last year before the Vikhroli Metropolitan Magistrate Court, alleging that the developers and a few flat owners had forged signatures of other residents to show 80 per cent occupancy in the absence of occupancy certificates (OC) and got the water connection in 2013. The Ghatkopar police have been told to submit a report by the next date of hearing on December 4. mid-day had reported it on October 6.

Stuti Galiya

Galiya, a solicitor and advocate, filed a writ of mandamus before the Bombay HC under Article 226 of the Constitution in June saying that the occupancy in the complex was 20 per cent then. She said the matter is expected to be scheduled soon as the court is returning to normal functioning.

Explaining the trigger for the writ, she said, "We have numerous instances to show that the BMC officials, who were involved, had worked with ulterior motive to allegedly benefit the developer and few residents, by accepting forged documents for providing water connection to a complex which had no OC even after 15 years of the launch of the project."

"The very fact that the BMC officials did not verify the submission and signature on the documents given to them by conducting a site inspection, which they [BMC] claim they had done and found the towers to have 80 per cent occupancy in 2013, itself raises a doubt about the veracity of the said inspection. Moreover, another instance is where BMC in 2019 filed individual cases before Shindewadi Metropolitan Magistrate Court against 374 individual flat owners staying in Neelkanth Kingdom under section 353 A of the BMC Act for occupying flats in a building without having OC. Interestingly, in such legal proceedings the BMC just targeted the individual flat owners, and the lessee of the land, Vidyavihar Container Limited, without including developer as a party, the main culprit," she alleged.

Galiya said the motive of the builder has been to form societies. "This is to transfer the humongous outstanding dues [in the form of collector dues, property taxes, etc] to the housing societies and run away." She said with the help of a handful of flat owners, the builder formed six societies in 2019 and 2020. "At the time of society formation, the builder had given an undertaking that he will procure OC and complete the project. However, even after two years of society formation, no progress has been made and none of the society office-bearers have taken any steps to achieve this," she said. Galiya learned about alleged irregularities in 2019 through RTI. She said BMC officials did not act on her complaints.

"It is ironical that the BMC is giving safe passage to the developer at the cost of the flat owners. The BMC is not interested in taking any action against the developer and their own officials, who have indulged in such large scale criminal conspiracy for procuring illegal water connection." She said BMC hasn't taken any steps to regularise the connection. "This has been purposely done with a view to collect higher water charges and property taxes (which applies to buildings without OC)," she said.

She said the builder lied to flat owners saying OCs would be received soon. "The result is that today close to 500 families are occupying flats without OC. The flat owners have nowhere to go as the developer, even after 15 years, is not able to fulfil his promises. The flat owners, after paying crores of rupees, are in constant fear that they will at any time be evicted from their flats, being on the wrong side of law and illegally occupying flats," she said.

Galiya added, "We are hopeful the HC will finally deliver justice and book the wrongdoers and give appropriate directions to the administrative authorities to regularise the water connection and address the issue relating to OC, which have been hanging like a sword."

500
No. of families living in the complex