Bombay High Court quashed BMC decision to Regularize flat
The Bombay High Court has stepped in to resolve a 21-year-old fight between two neighbours living in a housing society at Altamount Road. A division bench asked the BMC to depute an officer to inspect the flat of Aparna Chawalla, who stays on the seventh floor of Vijay Apartments.
The dispute was over renovations carried out by one and the reported leakage in the other’s flat. According to Chawalla the Bhandaris carried out alterations in 1990-91. including constructing a staircase to connect the eighth and ninth floor flats and extending the toilet blocks. The petition claimed that many of the alterations were done without the permission of the BMC or the society.
JB Chinai, Chawalla’s lawyer, alleged that the renovations had resulted in leakages from the extended bathroom to the bedroom of her flat and plaster falling off from the ceiling. Chawalla said that her 96-year-old mother stays in the bedroom and the leakages caused problems for her.
The BMC granted permissions to the Bhandaris—Vanitha is the daughter-in-law of former UP governor Romesh Bhandari—to carry out alterations in the flats owned by them. The dispute was over renovations carried out by one and the reported leakage in the other’s flat. Despite complaints since then no action was taken due to the political connections of the Bhandaris, the petition claimed.
The court quashed the BMC’s decision to regularize the allegedly illegal renovations carried out by Vanitha Bhandari, who stays on the 8th and 9th floors of the building. In 2005, the BMC rejected the application by the Bhandaris to regularize the alterations in their flats. Two years later the BMC decided to reopen the case and regularize the changes. Chawalla then moved the HC. On Monday, BMC lawyer Anil Sakhare contended that the regularization was as per rules. The court did not agree and set aside the order. The court allowed the Bhandaris to file a fresh application to the BMC. The BMC has also been asked to take action as per the law if it noticed leakages and other damage as alleged by Chawalla.
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there was some rule passed by bmc to regularise all the alterations before a particular year .. can som1 gudie me which year was tht and the date of judgement if psbl …