Mahagun has started construction of two new illegal high rise towers named Y3 and Y4 right over the green-area in-front of the Vasto, Mantova, Siena and Osimo towers. Please see the file named `Illustration-Illegal_towers_violate_bye-laws.pdf' and file named `Satellite_Image_New_Illegal_Towers.png' located at http://finance.groups.yahoo.com/group/mahagunmascot/files/Illegal_Towers_in_Mahagun_Mascot/ to get the context. The illegal towers are being raised against building bye-laws and fire-safety bye laws and will greatly endanger the lives of the residents of Vasto, Siena and Osimo towers. In simple language once the illegal towers are constructed fire-fighting and rescue operations on towers Vasto, Siena and Osimo towers will be impossible. The illegal towers once raised will also block the view, sunlight and air-ventilation of Vasto, Mantova, Siena and Osimo towers. Please note that the illegal towers are being raised over the area marked as green area in the sales brochure and thus is also an offence under the consumer protection act.
Question 1 : How do the new illegal towers violate bye-laws?
Answer: The building bye-laws and fire-safety bye-laws given in the National building code Part-3 Rule 9.4.1 (a) is violated along with Rule 3.4.5(I) & (II) of Ghaziabad Bhavan Nirman Evam Vikas Upvidhi is also violated.
The NBC rule stipulates the following:
The maximum height of building shall not exceed 1.5 times the width of road abutting plus the front open space;
This means that area as wide as 2/3rd the height of the building has to be left open in front side of the building. This means in front of a 65 meter tall building 43 meters open space has to be provided. If the building is facing a road then the width of the road shall also be included in the open space. The other three sides of the building have to be provided with 15 meter wide open space. Without this open space the necessary angle required to attend the higher floors (5th floor and above) cannot be achieved by fire-fighting and rescue apparatus. Imagine the 10th floor is on fire then the fire tender will not have sufficient space/angle to erect the ladder for attending the 10th floor. This was the exact reason why the illegal shopping complex was ordered to be demolished, the illegal shopping complex violated the fire-safety of the nearby towers.
Question 2: If it is against the bye-laws then why has the authority permitted its construction?
Answer: GDA has not yet sanctioned the new illegal towers as per my knowledge. Mahagun has submitted a proposal to GDA. Mahagun has constructed the basement of the new illegal towers without sanction.
Question 3 : What is the impact of the new illegal towers on the residents of Vasto, Mantova, Siena and Osimo towers?
Answer: In concise terms the new illegal towers is a DEATH SENTENCE to the residents of Vasto, Siena and Osimo towers. If there is a fire in Vasto, Siena and Osimo then there shall be casualty in hundreds. The residents living on the 5th floor and above on these towers have no chance whatsoever to be rescued. Apart from the safety issuer the new illegal towers will also block the view, sunlight and air-ventilation of the residents of the aforementioned towers along with the residents of Mantova. The residents of the remaining towers of Mahagun Mascot are also affected as they are being robbed off the green area promised in the sales brochure. See the file named `Sales_brochure-Illegal_towers_over_green_area.pdf' in files section mentioned above.
Question 4 : What can I do to stop this illegality?
Answer: The residents of the affected towers can submit representations to the Vice Chairman Ghaziabad Development Authority. I have made a representation to GDA VC Shri Santosh Yadav regarding this issue but haven't received a reply yet. I would suggest personally meeting the GDA VC rather than sending the representation by post. I would also suggest writing to PM, President, CM-UP and the Chief Justice of India. Mahagun is putting great deal of pressure on GDA to sanction the illegal towers. Also I am not sure how long GDA can resist the temptation of the handsome BRIBE that is on offer. Residents can also approach the Supreme Court directly by means of Public Interest Litigation (PIL) as this issue violates the fundamental right (right to live) of residents of affected towers guaranteed under Article 21 of the Constitution of India. Consumer forum can also be approached as this falls under Unfair Trade Practice. This is a typical case of brochure misrepresentation and is almost identical to the illegal Shopping Complex case. The consumer forum granted an injunction against the illegal shopping complex and later ordered its demolition. Some thing similar can be done in this issue as well.
