HC: Developers can complete project on Pune wall collapse site

Updated on Nov 27, 2019 04:30 PM IST
Court was hearing a petition on November 20 filed by Kunal Housing and Alcon Land Marks, challenging PMC’s stop-work notice over the construction work at the site.
Fifteen people, including four children and two women were killed, while two others were injured when the compound wall of Alcon Stylus Co-operative Housing Society in Kondhwa collapsed on makeshift shanties adjacent to it in the early hours of June 29 after heavy rains lashed the city.(PTI)
Fifteen people, including four children and two women were killed, while two others were injured when the compound wall of Alcon Stylus Co-operative Housing Society in Kondhwa collapsed on makeshift shanties adjacent to it in the early hours of June 29 after heavy rains lashed the city.(PTI)
Hindustan Times, Pune | ByKanchan Chaudhari, Mumbai

The Bombay high court (HC) allowed two developers, Kunal Housing and Alcon Land Marks, to complete their Aspiree project at Kondhwa in Pune, after a construction work undertaken by them was stopped by the civic body, following the death of 15 people on June 29 after a retention wall of a society collapsed on their make-shift shanties.

The court was hearing a petition on November 20 filed by the two developers, in which they had challenged the Pune Municipal Corporation’s (PMC) stop-work notice over the construction work at the site.

A week after the mishap, PMC engineers issued a show-cause notice to the developers on the ground that while carrying on the excavation work of the basement, the workers did not conduct shoring and straitening work.

The engineers also said that the distance from the nearby building to the site was not sufficient.

On July 12, the PMC issued a stop-work notice to the developer.

The developer then approached the high court, challenging the PMC’s stop-work notice, contending that it was issued without “application of mind”.

PMC responded to the petition, stating that when the civic officials visited the site, the construction of four wings – A, B, C and D – and two bungalows, were completed, while the construction of wing E was on-going.

Though the excavation work for wing F was undertaken near wing E, there was no shoring and strutting work done for the sides of the excavated walls and no safety net or grills were used to cover the exposed excavated sidewalls.

The civic body also pointed out that the bungalows had access through a narrow lane which passed by the building under-construction, subjecting the occupants and their visitors to unnecessary risk.

It added that the builder had started the ready-mix-concrete plant at the site, exposing the residents and labourers to air and noise pollution. Besides, the civic officials also noticed that the unauthorised under-construction structure was being used as the site office.

A division bench of justice SJ Kathawalla and justice BP Colabawalla on November 20 struck down the stop-work notice issued by the PMC in view of the builders’ reply to the issues raised by the civic officials and some undertakings given by the builder.

The builder submitted that there was a six-metre-wide road passing through an adjoining land, which can be used as a safe passage by the bungalow owners. They also said that no shoring and strutting was required to be undertaken to strengthen the work of excavation near wing E, as the excavation was being done in solid rock.

The developers’ petition further stated that they undertook to construct a stream, as provided in the sanctioned plan. With regards to the issues of air and noise pollution, owing to ready-mix-concrete plant at the site, the developers said that they had produced a no-objection certificate on the matter. The bench accepted the undertaking and struck down the stop-work notice.

Fifteen people, including four children and two women were killed, while two others were injured when the compound wall of Alcon Stylus Co-operative Housing Society in Kondhwa collapsed on makeshift shanties adjacent to it in the early hours of June 29 after heavy rains lashed the city.

SHARE THIS ARTICLE ON
Close Story
QUICKREADS

Less time to read?

Try Quickreads

  • Police sources said the assailants had used a silencer while opening fire

    Petrol pump owner shot dead in Amritsar

    The owner of a fuel station was gunned down by unidentified car-borne persons in the Holy City colony of Amritsar on Wednesday night. The incident took place at around 10:30pm when Mohan had reached outside his home, after work. As per information, when Mohan reached just outside his house, a Toyota Innova SUV also reached there and the assailants in the car opened fire. Police commissioner Arun Pal confirmed Mohan's death.

  • Haryana deputy chief minister Dushyant Chautala suggested that the Bill be referred to a select committee of the House for examination. Subsequently, the home minister moved a motion to refer the amendment Bill to a select committee of the assembly. (HT File Photo)

    Haryana assembly passes 4 Bills, refers one to select committee

    The Haryana assembly on Wednesday referred to a select committee of the House the Haryana Police (Amendment) Bill, 2022 for examination. The amendment Bill which sought to do away with the powers of the Haryana State Police Complaints Authority to take suo motu cognisance of a matter was opposed by Congress MLA Varun Chaudhary. Deputy chief minister Dushyant Chautala suggested that the Bill be referred to a select committee of the House for examination.

  • Shiromani Akali Dal (SAD) leader Bikram Singh Majithia being greeted after being released from prison on bail, in Patiala district, Wednesday. (PTI)

    Faith in judiciary reposed, says SAD on Bikram Majithia’s release in drugs case

    The Shiromani Akali Dal on Wednesday said the party's faith in judiciary had been reaffirmed by the Punjab and Haryana high court's decision to grant bail to former minister Bikram Singh Majithia in a “politically motivated case of vendetta”. The party spokesperson asserted Majithia was not guilty of offences he has been charged with in the FIR registered in December, 2021, under different sections of Narcotic Drugs and Psychotropic Substances Act, 1985.

  • As the PRTC bus was being operated under the kilometre scheme, MACT directed its owner and driver to jointly pay the relief to the petitioner. (Getty Images/iStockphoto)

    Patiala man left disabled after accident gets 13-lakh relief

    Over five years after a Patiala resident suffered permanent disability in Kumar's arm due to an accident, the Motor Accident Claims Tribunal, Chandigarh, has awarded him a compensation of ₹13 lakh. The compensation will be paid by the owner and driver of the PRTC bus that had hit the car of the victim, Rohit Kumar, 33, a resident of Mangal Basti, Patran, Patiala.

  • The reserve prices of 17 freehold residential properties have been reduced by about 15% compared to the last e-tender. Bids can be submitted from August 16. (Getty Images/iStockphoto)

    Chandigarh Housing Board puts up 154 properties for sale

    The Chandigarh Housing Board has invited e-bids for 154 commercial and residential properties from August 16. CHB chief executive officer Yashpal Garg said, “The reserve prices of 17 residential units on freehold basis located at Indira Colony, Manimajra, have been reduced by about 15% compared to the last e-tender. As many as 30 residential units, including 2BHK and EWS flats, and one commercial unit have been included for the first time in the e-tender process.”

SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, August 11, 2022
Start 15 Days Free Trial Subscribe Now