Row over Road

Residents of Swastik Alps allege that the developer, who had promised to make an access road, has stopped responding to their calls

The builders of the city are infamous for making huge promises during the development of their projects and never fulfilling them. Here’s once such example. Residents allege that the proprietor of Swastik Builders who constructed Swastik Alps at Brahmand has also forgotten his promise.
There are two entrances to Swastik Alps, of which, the front one was taken on a lease period of five years from Brahmand Phase IV, the adjacent society. The builder had promised flat owners that the back exit road, which is in a very bad condition, would be developed before the lease expired. The lease period for the access road was supposed to end on February 9, though it has been extended to February 28. However, the builder is yet to look into the problem. A few members of Swastik Alps have moved court.

All in the contract
Secretary of Brahmand Phase IV Ravindra Ashwin says, “Swastik Developers had asked for a temporary access road for a period of five years. The developers had paid `1.25 crore, of which `75 lakh was the refundable amount and `50 lakh was the lease amount. It was also mentioned very clearly in the official documents, that if the developer is able to develop an alternate entrance in two and half years, then the deposit will be refunded. The extension is not possible and we just want our land back.”
Ashwin adds, “We don’t have any personal enmity with any of the residents. The clause of the temporary access road was mentioned very clearly in each buyer’s contract. A board has also been put up at the entrance stating that the access road is temporary and is the property of Brahmand Phase IV. Residents of Swastik Alps also have an alternate access from DP Road. The builder just needs to level it or break open his compound wall to make a road for the residents.”

Residents feeling cheated?
The residents of Swastik Alps feel helpless. To add to the worries, the society is not yet formed so the flat owners are at the mercy of the developer. Residents claim that the developer does not respond to their calls and is always unavailable.
Shweta Pandit, resident of Swastik Alps, adds, “We just want an access road and we do not want any further problems. It is duty of the developer to solve the problem.”
Another resident Ravi Phatak adds, “We have paid the complete amount for our flats and now it is the developers turn to provide us the facilities that we are entitled to. We have been using the access road of Brahmand Phase IV since the day we moved in. However, this was temporary so an alternate road should be made available to us. We were promised this when we bought the flat.”
Manoj Kherwani, a partner of Swastik Builders, says, “We are in conversation with both Thane Municipal Corporation (TMC) and Brahmand Society and we are confident that the matter will be resolved very soon.”
While issuing the occupancy certificate, the TMC was also aware that the access road was temporary. Hence, Sandeep Malvi, PRO of TMC, did not want to comment further on the issue. Residents have also complained to the TMC commissioner and vigilance department about the problem, but to no avail.

The law states
Society lawyer Vinod Sampat adds, “This is a clear case of cheating. Residents can drag the builders to civil and criminal court. However, before taking possession of the flat, the residents should have checked all the papers well. Citizens do not take these things seriously and they realise this only when something goes wrong.”
Sampat adds, “Brahmand Society is not at fault as the land rightfully belongs to them. It is the duty of the builder to provide an access road. The builder took the lease for a very short period. Ideally, it should be taken for 99 years. So the residents have been cheated in more ways than one. The alternate road should be developed to ease the inconvenience of residents.

--Padmja Sinha