Mumbai: Kandivali based social activist has served a legal notice to the Chief Minister, BMC Commissioner, Development Plan (DP) Chief Engineer and other civic officials for failing to takeover the reserved 1991 DP and RG land from Growels 101 Mall even after more than 15 years.
The legal representation demanded shutting down the mall highlighting severe irregularities related to the Building and Factory, Building Proposal, Development Plan and Storm Water Drainage departments until all legal compliances are met.
The Free Press Journal had earlier reported that the BMC has failed to take over the DP and RG plot that lies in the vicinity of the Growels 101 Mall in Kandivali (E). The plot has been reserved to construct a recreational ground and a road connecting the Akurli Rd to the Western Express Highway as proposed under the DP 1991 and 2034. Although BMC has been requesting the mall to hand over the reserved land, the mall has not handed over the said plot.
Kandivali’s Lokhandwala Residents’ Association (LRA) has been demanding the construction of the DP road since several years as the road is expected to ease the traffic congestion on Akurli Rd. Recently, Shishir Vivekanand Shetty, the founder of LRA, has served a legal notice to the CM, BMC commissioner and other civic officials urging them to take swift and immediate action against Growels 101 Mall with respect to the handing over of the DP and RG land.
Kandivali Activist Serves Legal Notice to CM and BMC Chief Over Growels 101 Mall’s Failure to Handover DPRG Land
The legal notice has been served through Advocate Rishi Nirav Bhatt, who had earlier represented the applicant in the PIL concerning the 1967 DP road connecting Thakur Village to Lokhandwala Township. The lawyer and applicant duo were successful in getting favourable implementation order from the BMC Commissioner through the Bomaby High Court in a very short time of approximately two months in October.
Through the legal notice, Shetty has urged the authority to direct the Growels 101 Mall to hand over the DPRG plot and close all illegal entries to the mall. It has also prayed to the authorities to shut down the part of mall for illegal constructions, chemical laboratories and pending environment clearance until the requirements are met.
The legal notice also cited Bombay High Court’s ruling in the case of Korum Mall in which the court had pulled up the municipal authorities for illegally regularising unauthorised construction by the mall to protect the latter’s interest. Shetty has given the CM, BMC chief and other officials a time of 15 days to take appropriate action against Growels 101 Mall and has warned the officials of legal action before the appropriate court, if they fail to act.
The Free Press Journal contacted Santush Kumar Pandde, chief operations officer of the mall, but he was unavailable for a comment.
Mall Has Not Submitted Any Environment Clearance
The legal representation highlighted a severe irregularity with the mall as it had failed to provide the BMC with necessary environmental clearance from the Ministry of Environment, Forest and Climate Change. In July 2024, the BMC had asked the mall to submit the clearance within seven days. In another letter marked to the mall in September, the BMC had directed the mall not to carry out any work on site until submission of environmental clearance.
A Major Nullah Near The Mall Diverted Northwards
The legal representation pulled up the Storm Water Drain department as it had failed to take action against the mall authorities for diverting a major nullah adjacent to the mall. In February 2010, the Storm Water Drain Department had written to the mall’s architect after the nullah alignment was found shifted towards the north side. The architect had reasoned that the discrepancy might have occurred due to natural calamities of flood on July 26, or by earlier architect’s technical error. Shetty has alleged that the mall had illegally diverted the nullah which may cause a great mishap in the future.
Mall Has Constructed Two Entrances, Lacks OC For A Wing
While the mall uses two entrances on the Akurli Rd and one on the WEH, the BMC’s Building Proposal department has revealed that the mall has only one approved entrance which lies on the Akurli Rd. Moreover, the mall has constructed a water fountain on its entry gate, which according to BMC’s claims is unapproved. It also alleged that the mall has rented its A Wing to several licensee without having an occupancy certificate.
Chemical Laboratories Running Inside The Mall Without Permission
The BMC was unaware of the fact that two chemical laboratories were functioning within the premises of mall and were disposing chemical effluents in the nearby drains. After Shetty’s complaint, it requested the mall to provide necessary permissions for running the laboratories within seven days but has failed to act even after more than six months of the notice.
Pay And Park Facility Running On DPRG Plot
The notice also mentions about the pay and park facility being run by the mall on the DPRG plot, which has been earlier reported by The Free Press Journal. The BMC had said that there is no record of permission to the mall for the parking service. Documents from as early as 2012 had revealed that the BMC had asked the mall in 2011 to stop its parking business and hand over the DP plot to the BMC.
Failure To Hand Over Reserved Plot Even After Utilising FSI
BMC’s Development Plan department had issued notices to the mall’s architect SpaceX Consultant, in 2013 and 2016, directing them to hand over the DP reservation of RG and the 18.30 metres DP road. The BMC had ordered that the mall should not be granted any further development permission and insist upon the architect, owner and developer to handover the land. The Free Press Journal had earlier reported that the mall had utilised the FSI benefits from the BMC to its full strength and had still requested for realignment of the DP road but the corporation had denied any possibility.
BMC Allowing Permission To The Mall For “Miscellaneous Work”
The legal representation also pulled up the Deputy Chief Engineer of Building Proposal department alleging that the BMC has allowed the mall to “illegally construct certain portion under the sheep of miscellaneous work” although it had earlier raised the condition of not issuing any new permission to the mall until it hands over the DPRG plot.
