PUNE: Residents of the Celina Cooperative Housing Society in Baner have moved the High Court against the builder raising objections to a recent construction started on the society premises by the latter. They have claimed that while the builder has delayed the conveyance deed, he is using the remaining land from the society premises, which he has no right on, to start a new construction. For their part, the Pune Municipal Corporation (PMC) has cited the district deputy registrar’s (DDR’s) order on the matter to claim that the permission for the new construction has been given legally.
The residents of the society moved into their flats in 2006 and 2007 after the building completion certificate was issued. Following this, the final completion certificate for the society was issued in 2008. According to the petition filed with the high court, at this point the three main buildings of the society were completed while a fourth small structure was to be constructed and the cooperative society was also formed by the residents to manage its activities. But around this time the builder started delaying the process for deemed conveyance and the DDR issued an order in favour of the builder. Meanwhile, the builder also received the sanction for the construction on the vacant plot in the society. Following this, the members of the society immediately sent a legal notice to the PMC calling upon the civic body to cancel the construction permission. Based on this the residents of the society have also filed a writ petition against the DDR’s order and challenged the builder in the high court.
Speaking about this Niranjan Ghate, chairman of Celina Society, said, “The problem is that despite our having shifted to the society premises 13 years ago, the builder was not ready to do the conveyance deed. The deed would mean that the entire piece of land, on which the society is built, has been transferred to the society. But while we were protesting against the delay, based on the fact that the land was transferred to us when we formed the society, the builder started constructing a new building on the premises. While he had shown this as a small structure earlier, he managed to obtain the permission from the PMC for extra construction. We are also wondering how the PMC authorities gave them permission despite the matter being sub-judice. He had used all the available FSI in 2008. But he has started fresh construction now. We are demanding that till the time the matter is resolved the fresh construction should be put on hold.”
When quizzed about this, Mahesh Salunkhe, head of sales and marketing at Welworth Associates, the builder firm that constructed Celina said, “The residents are raising objections because they want the open space. But we never promised to give it to them and the plan for construction of the building has always been there. Even at the time of signing agreements the residents were aware of it. So they cannot question it now. We have put forth all the legal documents and data before the DDR and are going to present the same in the high court too.”
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