65 flats in Malad high rises get stop-work notices for illegal alterations

The Brihanmumbai Municipal Corporation (BMC) has issued stop work notices to 65 flats in two high-rise buildings in Mumbai's Malad-Marve region for alleged illegal amalgamation of flats, including some converted into duplex apartments with lifts. The flats are located in the 70-storey Auris Serenity Tower-2 and the 34-storey Aspee Enclave building on Marve Road. A civic official said the amalgamation was done by flat owners, who appointed their own architects, and sometimes installed air conditioning, cut down columns and beams, and used cheap labourers. The notice was issued under the MMC Act 354 (A) to stop work failing which BMC would demolish them.

Mumbai: The civic body has issued stop work notices to 65 flats in two high rises in Malad-Marve region for alleged illegal amalgamation of flats; some even converting them into full-fledged duplex apartments with lifts.

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The two towers are Auris Serenity Tower-2, which is a 70-storey high-rise in Kanchpada in Malad-Marve west, considered the tallest building in P north ward and Aspee Enclave’s 34 storeyed building, which is on Marve Road. The Brihanmumbai Municipal Corporation (BMC) has sent notices to 32 flats in Auris Serenity Tower-2 and 33 flats in Aspee Enclave.

“In Aspee Enclave, the flat owner has connected the upper and lower floor’s two 3bhk flats and converted it into one big 12bhk duplex flat and even installed a lift inside,” said a civic official from P north ward.

A civic official from P north ward added, “We have issued a stop work to the flats in two towers which are unoccupied and brand new. They take jodi flats and remove the common wall and merge it into one big flat. Big flats don’t come in their budget, so the home buyers prefer to do this without permission.”

Explaining the modus operandi, the civic official said the amalgamation is done by flat owner, who appoint their own architect and not the developer. “Sometimes they install AC on their own and in order to hide the wiring of AC they even cut down columns and beams,” said the civic official.

The civic official stated that the architects hire untrained labourers, who are from within the locality. The labourers follow orders without understanding the gravity and seriousness of the work.

“Architects take up works worth in lakhs but hire cheap labourers instead of structural engineers for the job. They also put false ceilings and the life expectancy of a building, which is usually 100 years, becomes 20 years due to these additions and alterations,” he said.

The notice was issued on April 24 under 354 (A) of the MMC Act to stop work failing which BMC would demolish and make them liable for punishment under 475-A of MMC Act or a term which shall not be less than one month but which may extend to one year or a fine not less than ₹5,000 but which may extend to ₹25,000 and incase of continuing offence with a further daily fine which may extend to ₹500.

The civic official said the P north ward got complaints of noise pollution and after inspection it was learnt that illegal alterations were made in flats.

“When it comes to converting a flat into a duplex apartment, they make a mezzanine floor and put a partition and make a loft. Sometimes, they even construct a lift inside,” said the civic official.

Kiran Dighavkar, assistant commissioner, P north ward said, “They are Malad’s tallest towers. The trend is such that many people have bought flats on the lower and upper floors and convert it into a duplex, or they invest in adjoining flats and are randomly breaking slabs by removing the central wall and amalgamating the two flats. There are many such cases. There are over 30 flats in each tower indulging in this illegality.”

Dighavkar said there is a BMC circular where a ward level permission can be obtained by submitting a fire NOC. “If there is an amalgamation, permission from the building proposal department also needs to be obtained. Without any fresh permissions, there will be a fire hazard and it affects the structural stability of the building,” he said.

Dighavkar said flat buyers should have got the plan approved from the BMC via the developer while purchasing the flat instead of making changes after the construction.

“The fire NOC and certification from BMC is the critical part. If the flat is not fire compliant then it could pose a fire hazard and danger to the entire building,” added Dighavkar.