Mumbai: Sixty-two families living in Willingdon View Co-operative Housing Society (CHS), a 34-storey residential tower in Tardeo, have been directed to pay nearly Rs 35 crore to the Brihanmumbai Municipal Corporation (BMC) to secure a full Occupancy Certificate (OC) for their building.
According to BMC officials, the penalty includes Rs 31 crore in regularisation charges and excess Floor Space Index (FSI) usage, along with another Rs 4 crore towards purchase of additional parking spaces. Only after this payment will the building be regularised and eligible for a full OC.
The tower was completed in 2008, but violations came to light in 2022 when a buyer, Sunil Jhaveri, who had purchased a refuge flat, approached the Bombay High Court (HC). Jhaveri alleged the building was illegally constructed, lacked safety clearances, and had no fire NOC. Investigations revealed that residents of the top 17 floors had occupied their flats without an OC.
A senior BMC official confirmed that the society exceeded the permissible FSI limit of 1.33 by adding nearly 2,500 sq m of unauthorised built-up area. “They will have to pay for additional FSI and condonation of the constructed space. The penalty is unavoidable since the construction is already complete,” the official said, as quoted by Hindustan Times.
Adding to the violations, the building has only one staircase of less than two metres, against the mandatory requirement of two. To address this shortfall, the society must pay a condonation premium, calculated on the number of floors and the missing stairwell area.
“Once the municipal commissioner approves the final amount, a demand notice will be issued. If the society fails to pay, the OC will not be granted,” the official added, according to the report. Civic chief and administrator Bhushan Gagrani also confirmed this.
HC Order For Eviction
Meanwhile, residents have been caught in prolonged litigation. On July 15, the HC ordered eviction from the top 17 floors due to the lack of clearances. Though they moved the Supreme Court, their plea was rejected on August 1, directing them back to the HC. After a brief reprieve of three weeks, residents were forced to vacate their flats on August 27.
The issue comes in the backdrop of BMC’s newly revised penalty structure for buildings occupied without an OC, replacing a 1995 circular. The civic body says the tougher penalties are meant to deter premature occupation and ensure compliance with fire and structural safety norms.
