Warring members: SoBo society loses the plot

Warring members: SoBo society loses the plot
The bitter battle between residents of Madhuli – one of the plushest societies in Worli – has led to a drastic fallout. In a letter dated January 11 to the Principal Secretary of the Revenue department, the City Collector has recommended that action be taken against an art gallery being run by Tarana Khubchandani, wife of the society’s chairman’s Dr Prakash Khubchandani, on land meant for parking within the building. The Collector has also recommended that an ‘open land’ be taken back from the society and penalty for using the FSI of this plot be recovered from the society. It has also asked for this parcel of open land to be restored to its original state.

Madhuli abuts the Arabian Sea and many of Mumbai’s rich and famous call it home – from Rajan Pillai, the late biscuit baron, and his wife Nina Pillai, to actor Nandita Das; from late stock broker Harshad Mehta – and now his brother Ashwin – to page 3 personalities like Laila Lamba and Anju Taraporevala. The society comprises four row houses and has 30 flat members.

The ‘open land’, measuring 1,577 sq. m (close to 17000 sq. ft.) in the society, belongs to the Collector and the developer had taken permission for using this land’s FSI (floor space index) in its building. This means that the height of the building could be increased only after using this additional FSI as compared to what it would have otherwise been entitled to.

The Collector took cognisance of the complaints and counter-complaints filed by the members of the society and inspected the open land as the collector’s office had given out this land to the society on lease on the condition that it will be maintained as an open garden. The same consent terms were signed before the Bombay High Court by the developer way back in the 1980s.

Bimal Maskara, the society’s secretary, refused to comment on the issue, saying it was premature to react. “The society hasn’t received any letter that you are referring to. Therefore I can’t give any reaction till I read the contents and discuss it in the managing committee,” he said.

When asked about the violations mentioned in the Collector’s order, Maskara said that there was nothing new in the allegations and he would want react only if there was any development on the issue.

Mumbai Mirror had carried two reports about the war in the society – one in March 2014 and the other in December the same year.

The Collector’s team found the following violations during the inspection – the land in question had been concretized and two small rooms had been constructed; a concrete ramp of about 330 sq. m had been erected and was being used for parking vehicles; the row house holders had encroached upon the land in their front yard by constructing a permanent wall and that land was being used for parking of vehicles. “There is concrete wall on the said land,” observes the report.

The Collector’s letter further observes, “Team members from the Collector’s office were refused access to the area covered by the concrete wall. This needs to be viewed very seriously as the team had gone for inspection after giving due notice.”

The developer, Crest Hotel Pvt Ltd -- owned by Sunil Majithia – had applied for regularisation of these parking lots in August last year. The Collector’s letter notes that his office had been asked by the government to give a report on the subject. The Collector says that the developer had written directly to the government in an attempt to avoid action on the illegalities committed. It adds that only underground parking was allowed on the ‘open land.’

The Collector’s letter says that permission for the art gallery had been denied by the BMC.