10-year felony conflict between residents of two buildings in Kumar Galaxy Housing Society at Bhawani Peth over the development of compound wall which bifurcates the society has come to an finish. Recently the Bombay High Court has disregarded the petition filed via the residents of probably the most buildings who were objecting to the demolition of the wall. The top court docket while dismissing the petition has clearly stated that the development is unauthorised and illegal , since the subject is said to fire safety there is not any question of regularising this kind of building.
The society has six development constructed over 62R space. In 1997 the first development (E) used to be constructed and immediately the developer constructed a boundary wall between the E development and the opposite 5 buildings that together form the Kumar Galaxy Co-operative Housing Society. This means, however, the get right of entry to highway for residents of E development used to be utterly blocked and the only get right of entry to that they had used to be through a highway handiest eight to 10 ft large, coming from the opposite facet.
According to the society members the compound wall is unauthorised and illegal. The small highway is not enough they identified that it is going to be tough for fireplace tenders to get right of entry to the buildings in case of any mishap. The society members of E development then filed a grievance to thePune Municipal Corporation and demanded demolition of the wall.
Following the order the then PMC commissioner had despatched a team to demolish the wall however the residents of the E development alleged that because of political drive the action used to be stopped. The resident of the 5 development then filed another petition in Bombay High Court.
However the top court docket while dismissing the petition taken or file that the MOU rejected via the lower courts given that is used to be no longer stamped.
Speaking to Pune Mirror, the chairman of the Kumar Galaxy E housing society Prakash Hande mentioned, “We have been combating with the machine for final 10 years, however still ready to implementation of the High court docket order. We had to protest for our right and suffered so much because of the illegal building of wall. We have no space to enter into the society. We are 500 other folks remains in a development have no get right of entry to to exit if fireplace came about.”
While dismissing the petition the Bombay High Court justice MS Sonak. He stated ‘the development of wall is against the law and it could possibly never be regularised on the foundation of some inside MOU between the events. The court docket additional added that there is not any advantage within the rivalry that such building can also be authorized to be retained as a result of no question of increase of FSI since this is a subject in terms of fireplace safety. The identical may pose risk to the population and this can't authorized to continue on the foundation of MOU between the events.’
The society has six development constructed over 62R space. In 1997 the first development (E) used to be constructed and immediately the developer constructed a boundary wall between the E development and the opposite 5 buildings that together form the Kumar Galaxy Co-operative Housing Society. This means, however, the get right of entry to highway for residents of E development used to be utterly blocked and the only get right of entry to that they had used to be through a highway handiest eight to 10 ft large, coming from the opposite facet.
According to the society members the compound wall is unauthorised and illegal. The small highway is not enough they identified that it is going to be tough for fireplace tenders to get right of entry to the buildings in case of any mishap. The society members of E development then filed a grievance to the
When PMC issued notices to the Kumar Galaxy Co-operative Housing Society. difficult the mentioned understand of PMC the residents of the 5 buildings approached to the Sessions court docket and filed a petition. The periods court docket rejected their petition and directed the PMC to demolish the wall.
Following the order the then PMC commissioner had despatched a team to demolish the wall however the residents of the E development alleged that because of political drive the action used to be stopped. The resident of the 5 development then filed another petition in Bombay High Court.
However the top court docket while dismissing the petition taken or file that the MOU rejected via the lower courts given that is used to be no longer stamped.
Speaking to Pune Mirror, the chairman of the Kumar Galaxy E housing society Prakash Hande mentioned, “We have been combating with the machine for final 10 years, however still ready to implementation of the High court docket order. We had to protest for our right and suffered so much because of the illegal building of wall. We have no space to enter into the society. We are 500 other folks remains in a development have no get right of entry to to exit if fireplace came about.”
While dismissing the petition the Bombay High Court justice MS Sonak. He stated ‘the development of wall is against the law and it could possibly never be regularised on the foundation of some inside MOU between the events. The court docket additional added that there is not any advantage within the rivalry that such building can also be authorized to be retained as a result of no question of increase of FSI since this is a subject in terms of fireplace safety. The identical may pose risk to the population and this can't authorized to continue on the foundation of MOU between the events.’
10 year feud over society wall ends
Reviewed by Kailash
on
May 09, 2019
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