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War hero from Pune disappointed with Clover Highlands builder, files a writ petition in Bombay high court

“I have filed a writ petition in the Bombay high court because I felt completely let down by t he builder. It is a breach of trust as the builder is trying to make changes in the plans and trying to build inside our amenity area,” said Major General (retd) Ashwani Kumar Dewan (83), a 1962 war decorated hero, who was awarded a veer chakra for his contribution in the Indo-China war and latter a Ati Vishisht Seva Medal (AVSM) in 1987. 

pune Updated: Jul 19, 2018 16:47 IST
Prachi Bari
Prachi Bari
Hindustan Times, Pune
War hero,Pune,Clover Highlands
The petition stated that once the construction as per the sanctioned plan stood completed in the year 2007 itself and the completion certificates came to be issued for the sanction granted, the revision of the plan could not have been permitted in the year 2012, 2015 and 2016.(HT FILE PHOTO)

The Bombay high court has admitted a petition filed by a resident of Clover highlands, a residential society located in Kondhwa, which seeks to direct the Pune municipal corporation (PMC) to revoke the sanctioned plans for the plots under dispute. The Bombay HC has posted the matter for hearing for July 19.

“I have filed a writ petition in the Bombay high court because I felt completely let down by t he builder. It is a breach of trust as the builder is trying to make changes in the plans and trying to build inside our amenity area,” said Major General (retd) Ashwani Kumar Dewan (83), a 1962 war decorated hero, who was awarded a veer chakra for his contribution in the Indo-China war and latter a Ati Vishisht Seva Medal (AVSM) in 1987.

“What the builder is doing is illegal. As an Army officer, I have put all my savings into buying the residence and he is trying to scuttle us of our rights to the amenity space. The builder is adding more families to the society for which these facilities are not enough. It is totally out of sync and that is why I have also called PMC as my respondent in the case,” the war hero said.

The petition stated that once the construction as per the sanctioned plan stood completed in the year 2007 itself and the completion certificates came to be issued for the sanction granted, the revision of the plan could not have been permitted in the year 2012, 2015 and 2016. This is because a period of four years had already lapsed and therefore, the permission granted stood lapsed in the light of Section 48 of the Maharashtra Regional and Town Planning Act, 1966.

The petitioner is one of the many unit purchasers in the residential development scheme, Clover Highlands. Pune municipal corporation is the competent sanctioning authority, which has unlawfully sanctioned the revised plans which have been challenged. Raj Bhansali, Dhiren Nandu of Clover Developers Pvt Ltd (formerly known as Gargi Construction Company Pvt Ltd and Everjoy co-operative housing society limited (phase II) entered into various articles of agreement with the petitioner.

Dewan in his petition submitted that after obtaining the sanction dated May 8, 2001, from PMC and Clover Developers Pvt Ltd (formerly known as Gargi Construction Company Pvt Ltd and Everjoy co-operative housing society limited (phase II) entered into articles of agreement for the sanctioned units with the individual purchasers of the flats as required under Section 4 of the Act, including the petitioner. It is stated that all such articles of agreements of the petitioner herein are duly stamped as required under the Bombay Stamp Act, 1958 and duly registered as required under the Registration Act, 1908.

The petitioner also states that Clover Developers Pvt Ltd (formerly known as Gargi Construction Company Pvt Ltd and Everjoy co-operative housing society limited (phase II) while selling the respective units to the petitioner herein have also created the undivided rights/interest of the petitioner in the common area and facilities of the layout. It is stated by the virtue of creation of right of the petitioner and other unit owners in the property, the true ownership of the property passed to the petitioner and other unit ownership collectively from the developers.

First Published: Jul 19, 2018 16:46 IST