Project ‘Palais Royale’ is a classic example of severe violations of Building Bye-laws and Misuse of Refuge Area in the building ‘Palais Royale’, if looked at closely it is nothing but a bundle of violations of all Buildings and Safety Guidelines.
There are several mammoth Illegalities & Irregularities in the said project ‘Palais Royale’ of the Developer SRUIL. The project ‘Palais Royale’ is a classic example of violations and misuse of Refuge Areas. The FSI granted in respect of Refuge Area is vastly excessive.
The builder SRUIL has submitted to authorities about providing refuge area with every floor. This is a big fraud being showcased by the builder. The perusal of the plan makes it clear that the said Refuge Area is nothing but is created in such a manner that it can be easily merged with every flat. The Municipal Commissioner has allowed the Refuge Areas surrounding each flat on the respective floor of the Palais Royale building with a view to favour the developer and has in turn cast the safety of the occupants to the wind. This poses a great security risk and is contrary to the fundamental concept of a Refuge Area which should never be accessible from any flat or apartment and should be a segregated area easily accessible only by a common passage or a staircase and where occupants can easily assemble to be rescued in cases of emergency.
In the case of Palais Royale, this can turn out to be death trap if the occupants are rescued from their respective flats. An incident like this will definitely lead to a disaster and loss of several lives.
Different violations are shared –
1) The MCGM has sanctioned the plans beyond the provisions of the Development Control Regulations under the garb of the discretionary powers available under Regulation 64(b) of DCR 1991. The powers vested with the concerned officials of the BMC/ MCGM were misused and utilized arbitrarily to grant largesse to the Developer. The Regulation bars MCGM from using the discretion for purposes of FSI. However, to the Complainant’s dismay and disbelief, MCGM has granted concessions which amounts to casting the statute to the winds.
2) The developer company has flouted conditions of LOI with complete immunity wherein, the PPL was mandated to be handed over to MCGM on ownership basis and it is only then, the incentive FSI was available to be utilized on the Main residential building being constructed. However, though said mandatory requirements have not been complied with by the developer SRUIL, yet, they have utilized the incentive FSI for main residential building in connivance with the concerned officials of BMC / MCGM.
3) Without the incentive FSI being accrued, the 13 floors of the Main Residential building from 44th to 56th floors, have been constructed without any commencement certificate and FSI. This illegality speaks in volume of taking the Statute for granted. Surprisingly, till date, the municipal corporation (MCGM) is shying away from its responsibility of taking account under the provisions of the MMC Act as well as under the MR & TP Act for the illegal construction of 13 floors beyond sanctioned 43 floors. It is learnt that there is no restraining orders from any courts preventing MCGM from taking stringent accounted on against the project and the accused.
4) ) It is regretted to say that the MCGM in their generosity has also granted refuge areas, fire escape passages, huge passages, decks, huge flower beds, etc. free of FSI to the developer who has brazenly merged these areas in the respective flats and sold them to the flat buyers at astronomical prices.
5) The Developer Company and its concerned Directors / Officers in connivance with the MCGM, have taken advantage of the FSI of the area under road widening whilst the compensation for this area was paid to the company in the year 1976 as per the MCGM/ULC records. There is absolutely an FSI fraud and in the process, records and documentary evidence have been manipulated, fabricated and doctored and the same have been used for the purpose of comming this FSI fraud.