FIR against Hiranandani for towers without NOC; Resident's RTI query reveals 20-storey complexes were built in 6-acre Chembur plot without AAI clearance.

Mumbai Mirror: Mumbai: Tuesday, 26 May 2015.

The Govandi police have registered a First Information Report against well-known builder Niranjan Hiranandani and the architect BH Wadhwa on charges of misrepresenting facts in constructing two 20-storey residential towers in Chembur without having obtained a no-objection certificate from the Airports Authority of India. The police acted on directions issued by the Kurla Metropolitan Court, which admitted a complaint by Haresh Hinduja, a resident of Maitri Park, the residential complex in question.

According to Hinduja's complaint, submitted to Additional Chief Metropolitan Magistrate Aniruddha Thatte, the two buildings are located in a restricted construction zone, thereby requiring clearance from the AAI. Senior Inspector at Govandi Police Station, Khanderao Vidhate, confirmed that they had registered an FIR under IPC sections 406 (criminal breach of trust), 420 (cheating) and 34 (common intention to commit crime), following Hinduja's accusation.

Moreover, says the complaint filed through Advocate Rishi Hinduja, the builder and the architect masked the fact that they did not possess an NOC while seeking clearance the BMC's permission to begin construction.

It was only after the city corporation wrote to the society asking them to produce the NOC so that an occupancy certificate may be granted that the residents discovered the project was in trouble. Hinduja then filed an application under the Right to Information Act and was alarmed at what he found: while the builder had completed construction of these two towers - named A and B - he had sought NOC from AAI for the construction of 12 towers in all only in February 2014. While seeking clearance, the builder had submitted an undertaking to the AAI that he would not continue construction until such time that the NOC was granted. This despite the fact that towers A and B were completed in 2012.

In a written response to questions, an official spokesperson for Hiranandani said: "In effect we state all approvals and permissions for this project have been obtained by [the architect] Wadhwa who was introduced to us by the society and is a veteran with over 50 years of standing. Hiranandani Constructions Pvt Ltd would like to study all relevant papers before making any further comments."

Hinduja's complaint also alleges that members of the managing committee kept mum although they were aware of alleged infractions committed by the builder and architect.

According to Hinduja, Maitri Park is a six-acre plot home to 274 people. A redevelopment agreement was signed between the society and Hiranandani in 2006, construction commencement certificate was obtained by the builder in 2008 and the two towers were completed by 2012. The builder has stated he intends to erect 10 more towers in the property.