Amazing that the Supreme Court said ‘these flats are to be destroyed’…

So many questions arise, do they not?

– what is the guarantee that the flats in the lower floors will not be damaged if the top floors are broken down?

– the buyers should have seen the paper work, but hey, why have the Municipal employees, state government employees, electricity company employees (why did they supply electricity to an illegal building?), what about the bankers who gave loans to people to buy in those buildings?

– could there could not have been a ‘regularising fine’ of Rs. 50,00,000 per flat?

– the builder, architect, ……….etc. get away without even a rap on the knuckles? Somewhere the justice systems does not seem to be very just, right?

– why cannot the government create a Real Estate Regulator who certifies every building? when will this happen? after 45 years?

Of course adding one more layer to the bureaucracy will not reduce problems (normally it increases problems) but the retail buyer can at least say -‘here is a certificate by a Central Gov authority saying this building is ready for usage…..or whatever….

A typical Mumbaikar has just NO visibility beyond his day to day needs.

The whole situation is scary – and it also sends a message to all of us that not all Indian problems can be solved with some cash and influence.

Honestly my heart goes out to the residents….and feeling helpless that there are no answers…tomorrow it could be our turn, is it not?

 

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  1. >>> “the buyers should have seen the paper work”…

    Don’t you think its like a domino effect!!!
    – Only if the buyer would have cared enough to check all paper work
    – Only if Municipality had done their job correctly
    – Only if the builder & architect would have done the right thing
    – Only if… and the list goes on….

    We should STOP finger pointing and start doing the RIGHT thing and YES, it HAS to start from ground level. In MOST cases it starts from that person who buys or bribes or does NOT do the right thing or RAISE concerns or does NOT SPEAK UP.

    Unfortunately, 99% people follow “chalta hai toh chalne do” OR “as long as it does not affect me” OR “what can I do” attitude…. which is really sad state and that has led to current situation.

    God knows when this will STOP but the ONLY plausible way to correct it is by more and more people becoming “aware or their rights” and “USE” them when needed or required.

  2. I am in agreement with you and at the same time I am thinking how this issue is handled in a peculiar manner. The Builder who constructed this building is still free and he is not answerable to anyone. Even statutory authorities, who granted him (Builder) various permissions are encouraged to do similar things in future.
    It is a wish of a person to have home in a city like Mumbai and people are investing their future earnings of 25 to 30 years to complete their dream. In a fraction of moment this achievement of theirs gets shattered. Even after this incidence, there is no clarity as to what precaution one has to take while buying a house and even if any guideline is issued it may be as straight as “jalebi”. I am really upset and feeling helpless. I really don’t know who would be victims in future.
    Here Government can interfere and bring retrospective amendment for regularizing this construction, which is far better than bringing retrospective amendment to nullify the verdict of Vodafone. Such a step may bring confidence in people, who are still following laws and regulations of this country with a belief that present precarious stage may change one day in a positive way.

  3. @Durgesh, Its very sad to see this happen to CCC residents and that too after 30 years.. but retrospective amendment to nullify the verdict of supreme court by govt has more dangers than usefulness. If we allow this then govt will do it again and again for political gains. I agree that the loss to the residents should be compensated to some extent by putting hefty penalty on Builders and BMC officials.

  4. personally i think it is better to levy a cash penalty – at current market prices. Imagine a 80 year old who has say 20Lakhs bank FD and one house in CC compound…what can he do? live on the streets? shift to a far far away location where he knows nobody?

    Maybe there are no easy answers, but I know that breaking it down is not a nice sounding answer in a country where politicians can get away with Rs. 3000 crore scams…Lets stop pretending like we are holy…and these residents are guilty. If each one of us looked into our lives we will realise that none of us can cast the first stone. At least I know I cannot.

  5. Dr M.Chandrashekhar

    Similar situation has arisen in one of the Blocks in our Housing Complex in Bangalore. After 20 years of purchase, now, BDA says this Block ( of 40 flats) is illegal as there is some deviation from Master Plan. Every one had gone thru Lawyers at the time of purchase which was certified clean then.

    Sad these things happen. Babus take us for a ride.

  6. @ssk – this is wishful thinking. sounds like living in dreamworld especially when you are commenting on a financial planning website. We should aim of taking things in our hands as much as possible.
    And yes as Subra said rightly feeling helpless. This could happen to any of us

  7. My blood boils as I see this issue unfolding. It exemplifies everything that is wrong with Indian real-estate.
    I am desperately trying to find who the builder is (either the company or the person). The company/owner name should have been made public by now and people should not be touching that builder with a barge-pole. Is it coincidence that not a single report is naming the builder? Is the builder’s name lost in time?

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