Crackdown on Agripada bldgs without OC
MUMBAI, Sept. 26 -- Two builders of three redeveloped buildings in Agripada west, Byculla, have been issued warning notices by the civic authorities for allowing home owners to move in even though the buildings have not received the mandatory Occupancy Certificate (OC). One of them has only a partial OC.
The issue was first raised at the public grievance meeting with municipal commissioner Bhushan Gagrani last week and, after receiving a formal complaint, the Brihanmumbai Municipal Corporation (BMC) on Wednesday instructed the developers to get the premises vacated within seven days.
The buildings, all in a row on Morland Road, are The Residence, Livingstone; Mariam Residency; and Quettawalla.
A civic official from the BMC's building proposals department in E ward told HT that The Residence, Livingstone is a 19-storey building that lacks an OC and its Commencement Certificate (CC) covers only 17 storeys.
He said Mariam Residency is a 14-storey building that has a Commencement Certificate that covers all 14 floors but lacks an OC. Quettawalla, a 16-storey structure, also has a Commencement Certificate for all 16 floors and an OC that covers only 13 floors, he said.
In its notice dated September 24, 2025, the BMC said the builders have violated Section 353A of the Mumbai Municipal Corporation Act, 1888, and they must provide a list of all current occupants.
The notice also highlights the danger of living in buildings without an OC, pointing to risks relating to fire, structural collapse and compromised emergency access. The matter has been marked as "most urgent," signalling the BMC's intent to strictly enforce building safety norms.
Pankaj Bhoir, executive engineer with the BMC's building proposals department said, "This is a warning letter and if they don't vacate within seven days, we will issue a notice under Section 353(a) of MMC Act to prosecute. They will either have to vacate or procure an OC."
Civic and RTI activist Santosh Daundkar, who has filed the complaint, expressed concern over the increasing trend of developers handing over possession of flats without securing an OC from the BMC.
He also pointed to the alleged disparity in enforcement of the rules, where strict action is often taken in the distant suburbs, where political influence is minimal, while influential builders receive lenient treatment.
"Political leaders often intervene and push for policy changes or regularisation measures to protect the interests of affluent builders. This highlights a stark disparity in how the law is enforced for the rich versus the poor," he said.
Responding to the allegations, Mehboob Darvesh of Darvesh Properties (P) Ltd, the developer of Mariam Residency and Quettawalla buildings, said, "We have replied to the assistant engineer and lined up a meeting with the executive engineer. I have all the required permissions and approvals with other NOCs too. The building (Mariam Residency) is occupied with other required compliances. Only the building proposal OC isn't there for this building."
Regarding the warning to vacate, Darvesh said, "I have all the other NOCs from the chief fire officer, MHADA, estate department, lift, water department and for car parking. So, the question of vacating the flats doesn't arise. They can penalise me but they cannot ask me to vacate the premises."
He admitted that Quettawalla has an OC that covers the first 13 storeys, adding that he is in the process of obtaining the necessary permissions for the remaining floors. "I need to get the OC for two more floors. I am getting the Commencement Certificate now and there is just no issue. We will follow all the rules and regulations," Darvesh said.
Rishab Jain of K Living Estates, the developer of The Residence, Livingstone, claims he has not received any notice from the BMC. "They haven't issued any notice or letter to vacate in seven days and the same is being regularised. There are no violations. All compliances are being followed. There are some activists raising such issues and not local residents," he said.
Daundkar remarks, "Builders, having profited from flat sales, distance themselves from the consequences, leaving society members to face penalties, demolition threats and legal battles due to lack of an OC. An absent OC signifies no verification of critical safety elements," he added, citing the recent case of Willingdon Heights in Tardeo, where residents had to vacate 17 storeys on August 27 due to the absence of an OC and a fire NOC....
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