East Indian Residents trying to save their building from demolition

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East Indian Residents trying to save their building from demolition

• Mumbai Gaothan Residents Fight to Protect Their Building from BMC’s Demolition Plan

• BMC Declares Building Unsafe, Residents Claim Foul Play in Ownership Dispute

Raju Vernekar Sprouts News Exclusive

Mumbai: The residents of “D Souza building” located at Prabhat Colony, in suburban Santacruz East, who are of the East Indian community, sons-of- the- soil, are trying to save their building which has been categorized as dangerous building (category C 1) by the BMC with a builder staking the claim of ownership of the building.

At present the power supply to the building has been severed and the water supply has been disconnected since 17 March, without any notice, during this ongoing exam season. Surprisingly, the building which was declared as dangerous and dilapidated by the BMC in 2014 (a decade back) after issuing notice under section 354 of the BMC is still intact. Although the BMC claims this building is dangerous for human habitation, according to residents the building can be repaired (category C 2 B). The plot (No 126 (1 to 6) (TPS 05), (730.0 square Mtrs) was given to Lawrence Soz and 05 others in 1972 by the Maharashtra Government for agricultural purpose. It was with them till 2002. However the name of Ramesh Sharma was included in property card in 2002 followed by Subhash Prasad Sharma in 2011. Then in 2014 the names of developers-Ramesh Kothari and Ashish Parekh were inserted without taking into consideration the claims of original owners by the City Survey office, Mumbai “Dsouza Building Gaothan Rahivasi Sangh” President Danis William D’Souza alleged. This deal of 16 acre land was worth Rs 700 crore. As such the Sangh lodged a complaint with the Enforcement Directorate(ED) on 18 February 2024. The matter is pending with ED.

Building from demolition in East Indian Mumbai

After the building was declared dangerous in 2014, several attempts were made by the builders- “Pure Value Infra Ventures Private Limited” with BMC’s help, to demolish it. However the residents thwarted the attempt and submitted reports of the structural audit claiming the building is sound and can be repaired to the BMC. However the BMC did not consider these reports, the Sangh alleged. Due to the alleged highhandedness of the BMC and the builder, an Adivasi woman Gracy William D’Souza from the area attempted to immolate herself on 14 January 2014. However the police foiled the attempt and took her into custody. After that the BMC’s action came to near halt.

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When the writ petitions (1135/2014) (216/2017) came up for hearing in the Bombay High court, a division bench comprising Justices Riaz Chhagla and Vasanti Naik ruled that the a survey of the building be carried out and if need be the residents be allowed to reside in the building at their own risk. Again during the hearing of the contempt petition (532/2019) the Bombay High Court on 17 February 2020, directed that the survey of the building be carried out afresh till 02 March 2020. Despite court directions, the attempt was allegedly made to evict the residents and demolish the building on 03 October 2023, by Ramesh Kothari and Ashish Parekh with police assistance. However the residents thwarted the attempt. Subsequently the residents- Davis William D Souza, Neil Ignatius D Souza, Jeson Alfred D Souza, Seldon John D Souza and Vicky Michael Kichado filed a complaint with Maharashtra Lok Ayukta on 18 February 2025. The matter is still pending. The important aspect is that today the plot stands in the name of “Pure Value Infra Ventures Private Limited” (PVIVPL). Speaking on the behalf of PVIVPL Advocate Sudhanwa Bedekar said that this plot was purchased by the company in 2014. The question whether the plot was sold based on bogus documents doesn’t arise. This building is in dangerous condition and we want it to be demolished by the BMC. Since the BMC has not demolished it as yet, we have filed a writ petition in the Bombay High Court, the hearing of which is pending. In the meanwhile Rajaram Patil and other office bearers of the “Dsouza Building Gaothan Rahivasi Sangh” are making desperate attempts to save the building from demolition. They wish that they would get some help from local representative in this task.