GOVINDA TOWER CRASH CASE HC tells Mhada to be sensitive

Mumbai: The Bombay high court on Wednesday lambasted the Maharashtra Housing and Area Development Authority (Mhada) for being 'insensitive' to the plight of survivors of the Govinda Tower crash. The seven-storeyed building had collapsed on August 3, 1998, killing 37 persons in Bandra (E).      Adivision bench of Justices Sharad Bobde and Mridula Bhatkar was hearing a petition filed by residents in 2001. The petition said although in 2004 the HC directed the building to prove plans and give permission for redevelopment. Mhada was directed to consider the development in accordance with development control regulation 33 (5)-2 C as it was an old proposal of the Mhada layout and as a special case, as the petitioners were victims of the building which collapsed and the survivors were homeless. But it was made clear that it will not be a precedent for other cases.      Mhada opposed granting of permission for the building to be reconstructed as per old guidelines. "It will have serious repercussions,'' said advocate P G Lad. He said the proposal will be processed under present guidelines DCR 33 (5) 2 C (1), which are on a sharing basis for grant of additional floor space index and not on premium. Mhada used to charge a premium for granting additional FSI, but now it is asking for a share in additional FSI. be reconstructed by its hotelierowner Dilip Datwani and builder Jairam Chawla in a ratio of 75:25, not a brick had been laid. They alleged that the duo sold out their share of the property to a new developer without court permission. The HC sent the matter for mediation to resolve differences on February 10, 2012.      More than 82% occupants agreed to settle the issue and agreed to the developer. In the minutes of the consent terms signed, the Brihanmumbai Municipal Corporation (BMC) was directed to expeditiously ap-The judges wondered why it could not be considered as a special case. "Be sensitive. Don't be insensitive as an authority. People have lost lives due to complete innocence. For years they are knocking on the court's doors,'' said Justice Bobde. Lad sought time, as he had received acopy of the minutes of the consent terms, and wanted to consider them. The judges will pass their order on Thursday.