Hundreds of Dombivli families trapped between mounting EMIs and KDMC’s demolition threat

The backstory of the HC order was scripted in 2020 when local activist-architect Sandeep Patil learnt about a property in an illegal building registered with MahaRERA. When he checked the registration papers, he felt permission letters and stamps were most likely fake

MUMBAI: Earlier this week the Kalyan-Dombivli Municipal Corporation (KDMC) demolished an under-construction four-storey building which was built on a plot reserved for a garden. The action follows a Bombay high court order of November 19, 2024, to act on 62 illegal buildings in the twin suburbs. The court had mandated that the structures be brought down in three months setting a deadline of February 19, 2025.

Thane, India - March 07, 2025: Sai galaxy building near kopar Railway station East . ,in Thane,in Mumbai, India, on, Friday, March -07, 2024. ( Praful Gangurde /HT Photo )

While the civic body’s drive leaves 6,500 families residing in the 62 buildings in distress, it also brings to light large-scale irregularities that has been a mainstay in Kalyan and Dombivli for decades – local builders have had a field day furnishing fake approvals from the corporation to MahaRERA, the regulatory body that governs real estate in Maharashtra, and approves authorised projects.

KDMC’s action raises crucial questions – was it looking the other way when the buildings were coming up, how did the builders manage to get certificates from the housing regulator and a subsidy of ₹2.67 lakh for each flat buyer under the PM Awas Yojana (PMAY)? And now, following the HC order, what will be the fate of 6,500 families, most of who belong to the lower middle class, burdened with housing loans?

Rohan Gamre, 37, a resident of Sai Galaxy, which features in the list of the dubious 62 constructions, purchased his 530 square feet flat in 2019 after coming across an advertisement of the project on an online portal. Gamre, who works in a private insurance company, resides in the flat with his wife and a child.

“I used to live in a small flat in Mumbai with my parents and brothers. I moved here when I got married and needed more space. I have a home loan – was the bank unaware of the fact that there was no building permission from KDMC; also how could the central government sanction the ₹2.67 lakh subsidy under PMAY, for an illegal building,” asked Gamre.

“The future of my family is now in the dark,” he said. “Will there be any action on KDMC officials?”

Another resident of the building, Pranav Patil, who bought an apartment seeking subsidy under PMAY, said, “Where do we go when our building is demolished? The bank will not waive off my EMI. There’s a big mafia operating, involving real estate players and government officials. We are trapped.”

Patil illustrated his argument pointing out, “we have come to know that KDMC first served a notice to the builder in 2019, calling the project illegal; how then did two other wings come up in 2020 and 2022 respectively?”

Girish Gokavi, 51, who works in a logistics firm, bought the flat in Santula Arcade, in Dombivli West, after checking the MahaRERA permissions. He applied for a home loan from a nationalised bank. “How did a nationalised bank, which is strict about legalities in housing projects, sanction the loan? Now, you cannot trust a bank, nor can you trust MahaRERA or government agencies,” he said, referencing subsidies people have taken through PMAY.

Another resident from Tulip Heights, in Dombivli, who did not wish to be named said that after the deadline of February 19 to demolish the buildings was breached, “builders involved in the projects under scrutiny assured residents that deputy chief minister Eknath Shinde will help us”.

“They organised four buses from Dombivli, in which all the residents from buildings under question drove down to meet the deputy CM. However, as he was out of the city, MP Shrikant Shinde met and assured us that his party will extend help to residents,” he said.

The backstory of the HC order was scripted in 2020 when local activist-architect Sandeep Patil learnt about a property in an illegal building registered with MahaRERA. When he checked the registration papers, he felt permission letters and stamps were most likely fake. He dashed off a letter to the assistant director of town planning on October 29, 2020, demanding the certified copy of the commencement certificate (CC) and building plan.

The response was stunning – the office of the assistant director informed Patil that neither was the plan sanctioned not was the CC issued. This confirmed Patil’s suspicion that a builders’ cartel was in operation using fake KDMC certificates. (See box.)

Patil petitioned the HC on November 6, 2020, which was admitted in 2021 (PIL/49/2021; HT is in possession of the document). He underscored in the petition that the co-ordination between local bodies, registration authority and housing regulatory body be established to verify approvals given by KDMC.

In June 2022, Patil approached KDMC with approvals given to 62 buildings in Kalyan-Dombivli area and asked them for verification of approvals. A month later, KDMC informed him that it had not issued the approvals. In August of that year KDMC informed MahaRERA about it, following which the latter cancelled the registration of builders involved in this fake approval scam. (HT has a copy of the communication.) After this action, the enforcement directorate (ED) on November 9, 2022 sent a letter to the petitioner to present the documents in the ED office to enable it to register the matter under the money laundering act. ED recorded Patil’s statement on November 16. An FIR was registered against the builders at Manpada (Dombivli) police station on November 27, 2022, and a probe was initiated under an ACP rank officer; 15 people were arrested but later received bail. (HT has a copy of ED’s summons.)

While he welcomed the court’s order, Patil said, “I did not demand demolition of 62 buildings; that was KDMC’s decision. The real action needs to be taken on officials who have allowed such illegal construction. Ward officers of the areas where these structures were built, should be punished. Unfortunately, residents who are victims of this nefarious system are suffering.”

Patil added, though ED had registered his statements, no action has yet been taken “against the kingpins of these 62 buildings in last two years”. He said although a February 23, 2023 order made it mandatory for planning authorities and local bodies to develop a portal to upload the approvals of building permissions, plans issued by the local body and integrate it with MahaRERA’s portal, “KDMC is yet to action it”.

As the HC order created a stir in the civic office, KDMC commissioner Indurani Jakhar, ordered action on illegal constructions across areas governed by it.

“The commissioner ordered us to pull down all ongoing illegal constructions, as they are free of occupants. We are also acting on illegal construction in commercial establishments, such as shops, hotels etc,” said a civic official, adding Jakhar had suspended assistant municipal commissioner Sandeep Rokade for dereliction of duty.

Avdhoot Tawade, deputy commissioner, KDMC, said: “Of the 62 buildings five are in the jurisdiction of MIDC and MMRDA; 57 are in our jurisdiction. So far, we have demolished seven buildings from the list. It will take time to demolish 50 others.”

When HT inquired if an internal probe has been initiated on the illegal constructions, Tawade said, “SIT has been probing the matter for the last two years; we are waiting for the final report”.

On the other hand, MahaRERA is still waiting for a link with the civic body. “BMC is the only civic body that has accomplished its online integration where building permissions can be verified. KDMC or other civic bodies are yet to achieve that. We have developed dedicated emails for each civic body to verify the approvals,” said a MahaRERA official, who did not wish to be named.

Meanwhile, while Shiv Sena (UBT) leader from Dombivli Deepesh Mhatre held a meeting with the residents following KDMC’s demolition drive, “assuring them of our support”, MLA Rajesh More from the rival Shiv Sena said, “No one will be homeless.”