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The Brihanmumbai Municipal Corporation (BMC) has started demolition of alleged unauthorised alterations and encroachments in flats at Rustomjee Crown, a luxury residential project in Prabhadevi. The action follows complaints alleging that residents had enclosed common areas around lifts and incorporated them into their apartments, along with other changes that were not part of the sanctioned building plan. The civic body had issued notices to more than 100 flats and has now begun enforcement action after following the required legal process. The demolition drive is expected to continue over the coming days.
The Brihanmumbai Municipal Corporation (BMC) has begun demolishing alleged unauthorised alterations inside flats at Rustomjee Crown, a high-rise residential project in Prabhadevi, following complaints of encroachment on common areas and construction beyond the sanctioned building plan.
The action followed a complaint by RTI activist Santosh Daundkar, who had alleged unauthorised construction, additions and alterations, amalgamation of flats and the conversion of common and free-of-FSI areas into habitable spaces. The complaints included allegations that portions of common areas near lifts had been enclosed and incorporated into individual apartments.
The BMC had issued notices to flat owners in the project under Section 354A of the Mumbai Municipal Corporation Act and Section 53(1) of the Maharashtra Regional and Town Planning Act. Sources differ on the number of notices, with recent reports putting the figure at 128 and others at 138. The civic body had earlier indicated that further action would be taken after following due process.
During the initial demolition action, BMC teams removed unauthorised alterations in flats in one of the wings. The civic body has said the drive will continue over the next few days and will cover flats where such alterations have been identified.
Rustomjee Crown comprises high-rise residential towers with three-, four- and five-bedroom apartments. Wings A and B have 63 floors, while another wing is part of the subsequent phase. Apartment sizes in the project range from around 1,300 square feet to more than 3,000 square feet.
According to the complaint, some flat owners had enclosed common spaces measuring around 450 to 500 square feet, thereby increasing the usable area of their apartments beyond what was approved in the building plans. The alleged encroached areas were estimated to have a value of around INR 2.25 crore to INR 2.50 crore per flat based on the property rates cited in the complaint.
The BMC had also issued speaking orders to some owners concerning the alleged merging of common lobbies, kitchen ducts and ventilation shaft areas into habitable portions of flats beyond the areas approved in the sanctioned plan.
The action has brought renewed attention to the use of common areas in high-rise residential projects and the requirement for individual flat alterations to remain within sanctioned plans. The complaint also raised an issue regarding the provision of a separate access road to a municipal amenity plot designated as a recreational ground, although the BMC’s action currently centres on the alleged unauthorised alterations inside the flats.
The demolition follows several months of notices and administrative proceedings, rather than being an immediate action against the project. The BMC had indicated that enforcement would be carried out in accordance with the applicable legal provisions and a Supreme Court judgment referred to in its earlier communication.
Source PTI
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