Division bench reprimanded management of the Shri Balaji International School for constructing an additional six floors without requisite permissions

A DIVISION bench of the Bombay High Court came down heavily on the management of Shri Balaji International School in Malad yesterday for overlooking the stop work notice issued by the BMC and constructing 11 floors instead of the permitted five floors.

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MiD DAY was the first to report about the BMC serving a notice to the school on January 5 ('Vacate this school: BMC').


Despite a stop work notice issued by the civic body, the school constructed eleven floors. Also an
illegal electricity sub station wasu00a0 constructed on a plot meant for a playground.

The division bench of Justice AA Sayed and P B Majumdar was hearing a petition filed by the school management challenging the BMC action of demolishing an electricity sub station constructed on a reserved plot meant for a playground.

The matter was last heard on January 8, said Mehul Khatariya, the RTI activist who exposed the alleged illegalities of the building by procuring documents from the BMC.

According to Khatariya, the court was upset that the management constructed six additional floors despite a stop work notice having been issued by the civic body.

The bench has asked the state government and the BMC for guidelines and reports regarding unauthorised construction and procedures followed for allotment of additional Floor Space Index (FSI).

The bench pointed out that recommendations by MLAs should not be entertained as had happened in this particular case.
u00a0
It took cognisance of the fact that the school authorities constructed the electric substation on a plot reserved for a playground and scheduled the next hearing for February 8.

Upset parents

Meanwhile, parents had a meeting with the school's trustee Ashok Gupta last week, who told them the school had not violated any norms and he had documents to prove it. However, when one of the parents MiD DAY spoke to asked to see the documents, Gupta allegedly refused.

"Gupta also issued an apology letter to the parents. It said the issue would be sorted out and that the kids had a secure future in the school," said Khatariya.

Some parents, however, said they were upset at Gupta and the management for shifting the school out from its earlier location behind Evershine shopping mall in Malad (W) and into a disputed building at Sunder Lane.

Parents are also upset that the school management kept the fact that the building is under dispute hidden from them for more than two years.

School's reaction

Staff members at the school refused to comment on the issue. Repeated attempts to contact Ashok Gupta yielded no results.

Other breaches
Plot number CTS 383A is earmarked for a playground, which does not exist on the physical inspection report.
- Chief Fire Officer's remarks have been ignored. For instance:
- The width of the courtyard does not permit entry of any fire tender
- The width of the staircase is not as per mandatory requirements
- Twin staircase after the seventh floor is not provided
- There is no provision for a refuge flooru00a0

Missing Papers
As per documents available with MiD DAY, a file bearing number CHE/ 9274/ BP(WS)/AP pertaining to the Balaji School has been missing from the BMC office since September 9, 2008 and no FIR was lodged for the same.
Although the corporation managed to make a duplicate file from the architect's records, many papers, which are listed below, are still missing:
> Original copy of development agreement
> Deed of Conveyance
> Layout Plan
> Plan for Floor Space Index
> Letter of architect for condoning of open space
> Structural stability report
> Initial proposal with plan, scrutiny etc
> Permission from Mumbai Police Traffic department
> Exemption letter from Reliance Infrastructure Ltd for building sub station on a plot admeasuring more than 500 sq meters