[Resolved]  Royal Realtors — Illegal construction - Private land developed under SRA

Address:

Mumbai City, Maharashtra

Please refer to my comlaint submitted to the Dy. Collector, Goregaon, Mumbai dated, May 2012. I am still waiting for a reply for his side. There is no response from the Builder or the Society either. Request all your help and support in getting justice.



Sub : Private land getting developed under SRA
Landlord : Mittailal R. Pasi & Sons
Society Name : Omkar Hitavardhak Co-op Hsg. Society
Developer : M/s. Royal Realtors – Himmatlal G. Kachhara


Please refer to my letter dated April 03, 2012 and also to my earlier communications.

It is almost 2 years now that my house has been demolished (June 05, 2010) on the order from the Dy. Collector (Mr. Yeshwant B. Tidke). We were not vacating the place only on the ground that the house where we were staying was a private land and we had paid rent to the landlord till March 2009. We had even filed with RTI and got a reply that the plot is not yet approved under SRA. We had even written to the Dy. Collector with enough supporting’s to prove that this land was a private land and copy of RTI filing was also attached. My son had even met the Dy. Collector alongwith the other tenant (Raghunath S. Jadhav) whose house was also demolished.

Our house was demolished and we were forced to vacate (My family consisting of 9 members – including 3 senior citizens & 2 children). The demolition squad entered our house from the front & back door as if we had committed a crime and they took all our belongings and loaded them into a truck without our permission. Our house was demolished with the help of a Bulldozer and our belonging were dumped into a small house provided by the builder which could not even accommodate half of our belongings and they dumped the rest into another room which was provided to another tenant (Raghunath S. Jadhav) whose room was also demolished.

I did not get any documents in writing from the Dy. Collector, Builder or Landlord on this cruel act of demolition. I had visited the Builder’s office on several occasions and even written to the Dy. Collector but did not receive any communication from their side. It was only on 1st March 2012 I received a letter from Royal Realtors (the builder) to come and collect the keys and handover the temporary alternate accommodation provided to us. But I was not ready to vacate the temporary accommodation as I was not satisfied with the proceedings. I replied to the builder’s letter with copy to the Dy. Collector.

On April 2, 2012 I got a call from the Kurar police station to come and meet Inspector Shirsat, on reaching there, I came to know that the complaint was given by the room owner where our household belongings were dumped. On April 4, 2012, I and the room owner were called again at the police station and they expressed their difficulties upon which I also agreed to help them. The inspector said he will call the builder also and arrange a meeting on April 05, 2012. On April 05, I received a letter again from Royal Realtors to take possession of the SRA building constructed and vacate the temporary accommodation.

On April 6, I went to the builder’s office to submit a reply for his letter and there I met the room owner’s son and he said they were under much difficulty and needed the room back. Hence I agreed and decided to hand over the keys and he also agreed to take back the complaint given against us. Even though it was not our matter of concern as the room was provided to us by the builder and the agreement was between the builder and the room owner. But still on humanitarian grounds I agreed to vacate the room.


I have not collected the keys for permanent accommodation provided by the builder because of the following reasons:


1.My family were forcefully vacated from our house which was a private land and do not under SRA (RTI filing confirmation with us)

2.I am demanding an equivalent area as our house was big, self-contained with toilet and bathroom attached and was not a slum. We had also paid rent to the landlord till March 2009.

3.We had an area of around 500 sqft, with plenty of space in the front and back with garden and trees which was fruit bearing.

4.The society was formed illegally without enough members to form society. The Annexure says total 30 members out of which 15 are not eligible.

5.No proper meeting was held, Minutes of meeting were not drafted and society members were kept in dark without any communications.

6.It is even heard that there are cases pending in the court for the title of this plot.

7.Even the draw for allotment of the so called SRA flat was done at the builder’s office and not at the plot site. We were not even aware of the draw as it was not even communicated to all the members.

8.I am still confused as without getting an OC how is it that the draw was taken on October 05, 2011 and some of the members have already taken possession of their flats immediately after the draw.

9.No proper documentation / agreement have been signed between the builder and the society members yet.

10.I have still not got any letter from the Dy. Collector from his side as it was under his instruction my house was demolished.

These are only a few reasons for which I have still not accepted the Keys.

I have only vacated the temporary accommodation provided to me by the builder on the humanitarian ground towards the room owner. I have still not accepted the keys for the SRA construction which the builder is asking me to collect which I will be doing so only under your instruction only then I will be able to make a decision.

Now I am awaiting your decision on this matter as to whether I should be taking the keys or will you help me in getting justice for my rights. Meanwhile, I request you to instruct the builder to pay rent for my accommodation from the day I have vacated the temporary accommodation provided to me.

I request your goodself to look into this matter seriously and come out with a positive solution and do justice to poor people like me who do not have any means to stand up and take up this matter before anybody else than you, since I am a Senior Citizen and not in pink of health.

Regards,


K. Sukumaran Nair