There is no balance F.S.I. neither available nor permissible nor distributable in City Survey No.45–1Part, Plot No.1, 2, 3 & 4 of Sector 3, of Sanpada Village, Navi Mumbai, Dist. Thane (now four Housing Societies). Condominium drawings of these plots of lands confirms that CIDCO the original planning authority, had consumed the total F.S.I. of the land and left no land for additional constructions. Lease Deeds between CIDCO and the housing societies prohibits any temporary or permanent construction of additional built up area in these plots.
In spite of the above, NMMC and CIDCO had aided and abetted land grabbing and illegal constructions by the permissions they granted for additional constructions to individual owners of row houses in Sector 3 Sanpada, by making a mockery of all applicable laws, rules and regulations.
The illegal additional constructions carried out by individuals have violated Terms/ Conditions, (d), (e), (i) & (f), written on page 3 of the Lease Deed and ignored the detailed description of total built up area in the certified original Condominium drawings.
All such illegal additional constructions in Sector 3 Sanpada, have violated GDCRules 43.1.a & b / 20.b & 20.5 / 6.3.3.a & e. 1, f, g, & h / 7.2.h. i & j / 7.1 / 9.1 / 6.3.6. a, b, d, g, h & n / 9.6 / 9.4.2.a & b etc. and contravened the definitions of GDCR 3.111, 3.90, 3.11. The terms and conditions, 1.a, 1, b, 1.c, 6, 7, 15, 26 28 etc. given in the standard format of Municipal permission and commencement certificate attached to it is also found violated besides the the infringement of applicable laws such as Land Acquisition Act, MR&TP Act Environmental Act etc.
Land worth Rupees 23 to 25 Crores is already been grabbed by the miscreants in the name of bogus F.S.I. and imaginary balance built up area. NMMC, CIDCO, Architects and the office bearers of the concerned societies are the parties to the crime by which the interest of the State Government which made land available to CIDCO at cheaper rate for affordable housing scheme has been sabotaged and now the Government should recover premium for the misuse of the land and it is the duty of the Government to protect the right, title and interest of the law abiding members of the societies.
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