Cidco has served a show-cause notice on a city-based developer for ‘violating’ the conditions for maintenance and plantation of the Parsik Hill slope and using the area for advertising. This was informed to Maharashtra Human Rights Commission (HRC) by Cidco in its affidavit while responding to the Commission’s summon.
Meanwhile, a joint site survey was conducted by Cidco, NMMC, MPCB, Forest and Police and a report was submitted to HRC, citing the breaching of conditions in the leave and license agreement between Cidco and the developer.
The HRC had intervened taking a Suo Motu note of media reports that the so-called plantation by destroying the existing greenery and digging along the slope of Parsik Hill. A Cidco affidavit, signed by Town Service Manager Deepak K Jogi, detailed the leave and license arrangement with Bhumiraj Builders Private Limited and said that a joint inspection by the planning agency and other government bodies found violations by the developer.
Cidco’s affidavit stated that the developer violated the agreement by ‘illegally’ constructing a PCC pathway, a concrete platform of 4 meter by 4 metre for erecting an advertisement hoarding without permission which came to light during the joint survey.
Hence, Cidco served the notice on the builder asking him to remove all the construction in a fortnight or face legal action, said the Cidco affidavit which was submitted to HRC. When asked, the developer Bhupendra Shah told , “We are ready to remove the concrete work.”
While denying the use of a JCB or any other heavy machinery to dig or excavate the hill slope, the builder has stated through his advocate: “Due to the hilly terrain of the said plots of land legally leased out to our Company for construction of residential-cum-commercial buildings, our Company had applied to Cidco seeking its permission for construction of retention wall for soil stabilization and storm water system with beautification. The objective of the construction of such retention wall is to control land sliding and soil erosion during rains and floods. The same is essential for the safety of the residents and other portions of Parsik Hills.”
The builder’s statement further reads: “Cidco had vide Leave and Licensee Agreement in December 2021 granted our Company the license to use and occupy the piece and parcel of land known as Hill slope open land on the eastern and western boundaries situated at sector 31/31, CBD Belapur, on “as is where is basis” for a period of 22 months at the rate of Rs 100 per annum for plantation and maintenance and to enable our Company to Commence process of preparing plan for soil stabilisation and storm water system duly vetted by IIT.”
The builder states that his company spent over Rs20lakh for preparing plan for soil stabilization and storm water system, and didn’t dig hill slope.
