On May 17, Mirror had reported that a century-old chawl on Dubash Lane had registered an FIR against the builder for allegedly putting their lives in danger. The underground parking at the proposed 18-storey Dariya Mansion had resulted in a gaping hole in the road, a few feet away from the three-storey chawl, called Contractor building.
More than 100 tenants of Contractor building had filed an FIR against Manish Shah of M Realty Constructions at the VP Road police station. Even before the FIR was filed, the civic body had issued a notice to the builder. Mirror has a copy of BMC’s May 17 penalty letter to M Realty, illustrating how the absence of a retaining wall between the boundary of the plot and the under-construction cavity led to the caving-in during piling and excavation work. During an investigation, the BMC found sand-filled, haphazardly-stacked gunny bags. Hetal Desai, project manager of M Realty, was consequently asked to take precautionary measures and repair the cavity immediately.
The penalty notice states: “The said cavity is dangerous and there is a possibility of collapse of the entire road along the plot boundary. The footpath abutting Vallabhai Patel Road was also found to be damaged due to heavy vehicles like the earth moving equipment.”
Vishwas Mote, assistant commissioner (D-Ward), told Mirror that the developer was made to pay the penalty for damaging public property. “Through a penalty letter, we have instructed the builder to ensure that lives of people in the neighbourhood are not endangered. He has temporarily filled up the cavity. Residents of the neighbouring building can continue to stay without fear,” said Mote.
Santosh Daundkar, a local resident and an RTI activist, said, “The BMC should register an offence under Public Property Act and an FIR should be lodged which has not been done. The builder didn’t have the permission for dewatering; slimy water from the excavation is blocking the drains. The storm water drain department should also take action and inform the Mahrashtra Pollution Control Board.”