Mumbai: Despite multiple violations, Oshiwara tower stands tall; developer targeting Wajid Khan’s widow

Mumbai: A 20-storey building at Oshiwara with multiple charges of violations and major fire hazards continues to stand tall despite several notices from the authorities since 2008.

While minor alterations and repairs in Mumbai attract the wrath of local BMC officials, a blatant violation such as the addition of 10 floors to a tower with permission for only 10, conversion of stilt parking slots into offices and common passages into flats, and unauthorized construction on the terrace to make duplexes have been ignored.

Music director Wajid Khan's widow harassed by developer Aslam Lashkaria

The lid on these violations was blown when the widow of music director Wajid Khan, of Sajid-Wajid fame, became the target of harassment by developer Aslam Lashkaria demanding exorbitant maintenance for her 15^th floor flat without having received an occupancy certificate (OC) from the civic administration.

According to real-estate advocate Parth Chande, the Supreme Court has said that a builder’s failure to obtain an occupancy certificate would be considered deficiency in service under the Consumer Protection Act and maintenance charges would be payable only after the certificate is obtained. “Practically buyers pay, but legally the Supreme Court has held that if there is no OC, no maintenance can be charged,” explained Mr Chande.

20-floor tower stands on land with permission of only 10 floors

The luxurious 20-floor Lashkaria Green Diamond tower stands on the site of the Ganesh Niwas slums with a plan for 10 floors approved by the Slum Rehabilitation Authority. “We invested all our life savings in the project and were defrauded by the builder,” said Kamalrukh Khan, wife of the late music director.

“The OC has not been granted to the illegal 11^th to 20^th floors and the SRA, BMC and fire brigade have all sent notices but no action has been taken,” Ms Khan continued. “The builder is threatening me to withdraw my complaints and harassing me by causing electrical short circuits in my flat, stopping the water supply and damaging my parked vehicles.”

Documents showed detailed violations by the developer

Documents accessed by The Free Press Journal on the irregularities show detailed violations by the developer and repeated failure to comply with regulatory requirements.

An inspection by the Mumbai Fire Brigade found illegal occupation of the refuge area on the eighth and sixteenth floors while the fire fighting system was not functional. The Fire Brigade ordered that the tower should be vacated with immediate effect to avoid any catastrophe.

Assistant Divisional Fire Officer SK Bandgar sent notices to Lashkaria Developers to remove the illegal construction in the refuge area and asked the SRA executive engineer to take appropriate action.

Bombay High Court lashed out on SRA an BMC over failure of action

The Bombay High Court came down heavily on the SRA and the BMC for their failure to take action on the encroachments in Lashkaria Green Diamond and directed their officials to file a status report on action taken.

The SRA has periodically sent notices from July 2019 to September 2022 under the Maharashtra Regional and Town Planning Act, but no action has yet been initiated against Lashkaria Constructions Pvt Ltd or its promoters Aslam Lashkaria and Hashim Lashkaria.

SRA Deputy Chief Engineer RB Mitkar refused to comment on the illegal floors constructed by the Lashkaria brothers and directed this reporter to speak with executive engineer Rajaram Patil. “We have initiated legal action to remove all unauthorized work and will continue strict action for compliance,” Mr Patil said.

SRA Chief Executive Officer Satish Lokhande confirmed action against the developer and lapses by junior officers in waiting five years to remove encroachments and unauthorized work after six notices under the MRTP Act.

SRA report showed unauthorized occupation from the 11^th floor to top

The SRA inspection report of July 2019 observed unauthorized occupation from the 11^th to the 20^th floor of the tower without an occupancy certificate, incorporation of stilt parking slots into offices and common passage areas into flats, and unauthorized construction on the terrace to create duplex flats. The latest notice warning of legal action was sent on Dec 16, 2022.

Assistant Municipal Commissioner (K-West ward ) Prithviraj Chauhan, whose responsibility it is to take action in the case, refused to meet The Free Press Journal or give a statement on the long leash given to Lashkaria Green Diamond.

Hashim Lashkaria denied any irregularities and said, “All work is per approved plans. SRA and BMC officials erred and misinterpreted the work undertaken in our projects. We have not done any encroachment or irregularities.”