Off late the builder’s community in Navi Mumbai is back in news for all the wrong reasons. From the most reputed names to newcomers who entered the industry within a decade, many cases of buyers being cheated or hoodwinked are surfacing. The latest to be added in the list is Ashwin Gogari & Ashok Gogari’s Kesar Group. The builder has built top 3 floors of their 9 residential buildings in Kesar Exotica in Kharghar illegally and sold them to buyers. This building falls in the vicinity of the upcoming Navi Mumbai International Airport.
THE CASE OF KESAR EXOTICA
Developer Kesar Realty who built the project had submitted plans for Kesar Exotica in 2007 and obtained environmental clearance two years later as the development was beyond 20,000 sq metres. Kesar was granted commencement certificate from CIDCO that same year for construction of ground plus 14 floors. In 2013, the developer put another application in CIDCO, this time to increase the number of floors from 14 to 17, however he was not granted clearance from CIDCO. Yet Kesar Group built 3 floors illegally. CIDCO that had granted part OC to the builder for 14th floors, later passed a ruling to demolish the 3 illegal floors. The builder moved court and the Bombay High Court last month stayed the demolition in the 17-storey towers. The High Court has asked to hold the demolition until the Airports Authority of India (AAI) completes its survey on possible obstacles in the flight path for the new airport by April.
KESAR GROUP KEPT BUYERS IN THE DARK OF WHERE THEY WERE PUTTING THEIR MONEY
In her affidavit given in Bombay High Court, CIDCO Senior Planner (Building Permission In-Charge) Smita Shirodkar has quoted as saying, “The petitioner was aware that development only up to the 14th floor was permissible as per CC, yet constructed the additional three floors without permission.” The affidavit further reads, “As per the conditions of Part OC granted, in case the petitioner failed to obtain the NOC, the petitioner should demolish the structure at their own cost and risk. Also, the petitioner was duty-bound to inform all buyers of the conditions.”
AIRPORT AUTHORITY OF INDIA’S HEIGHT SURVEY CRUCIAL
The case of Kesar Exotica is not a lone case. According to sources, many other towers have come up in the funnel zone that have illegal floors and might face the fate of being demolished. Funnel zone is an imaginary flight path extending outwards and upwards from either side of the runway. A clear picture will be out only post clearance from the Airports Authority of India. In an interview with NMTV, CIDCO MD Lokesh Chandra said that the airport authority of India’s survey is underway.
He said that unless they don’t receive the obstacles data from AAI, they cannot take a decision.
He assured that barring funnel zone, clearances are being given to other projects in the vicinity of the Navi Mumbai Intl Airport.
“BUILDERS FOOL BUYERS ON PURPOSE” : ADVOCATE YASHWANT SHENOY
The case of Kesar Group’s Kesar Exotica again exposes how builders speak of ethical code of conduct but never walk their talk. And that is why they continue to sell illegal homes to ignorant buyers, like has happened in the case of Kesar Exotica. Advovate Yashwant Shenoy, the lawyer who got the landmark judgement of demolishing high rises coming as obstacles around Mumbai airport says, architects and builders are aware that the common buyers of properties in the vicinity stand the chance of their homes being demolished but they continue to fool buyers into buying.
According to him, if airport will come up then towers in funnel zone have to be demolished to ensure safety of passengers and lives.
He says that the height of towers is directly related to life and safety of passengers and it takes only 6 seconds for a disaster to happen.
When NMTV tried to contact Ashwin Gogari & Ashok Gogari’s Kesar Group, they were unavailable for comments. It’s unfortunate that despite knowing that high rises in funnel zone is directly related to lives of innocents, builders take the liberty of ignoring it when it comes to making more money. The public must take caution before they invest in any project that can put their hard earned life-savings down the drain. Bureau report – NMTV News.