The building was originally constructed in 1961 by the Maharashtra Housing and Area Development Authority (MHADA) to house mill workers and other blue-collar workers. By 2007, the then 46-year-old building had developed structural problems, and the residents decided to opt for redevelopment. As per court documents, they handed over its construction to M/s Shrustiraj Enterprises (India) Limited on May 9, 2007, and vacated their homes. 

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Though the developer immediately barricaded the compound with tin sheets, and razed the structure in 2010. But the redevelopment never began. Then the company stopped paying the homeowners the promised monthly rent of R7,500 for their transit accommodation. After seven years, in 2014, the society terminated the development agreement. The builder challenged this in court, and the legal tussle went on for another four years. An arbitrator imposed a penalty of R66.58 lakh on the developer, and both the Bombay High Court and Supreme Court upheld the arbitration award. 

The residents were represented in court by one of their own, advocate Shreeprasad Parab, who is also expert director at the Maharashtra State Co-operative Housing Federation. “The plot was handed over to the society after we won the case in the SC in 2018. Until then, there were few trees inside the compound and they hadn’t been numbered. Since the barricades that had been put up by the developer had broken, the place turned into a dumpyard. When we went there, we were surprised to see that BMC had numbered all the trees inside our society plot,” claimed Parab, adding, “The question is how can the municipal corporation number trees that are inside a private plot owned by MHADA and leased to a housing society?” 

The building was 49 years old and in dilapidated condition when it was razed in 2010

Parab said the residents were fighting for their right to livelihood  and housing, which the Supreme Court had earlier said is an integral part of Right to Life enshrined in Article 21 of the Constitution. “Owning a home in this metro city is a dream for many. But it often becomes a nightmare when redevelopment is stalled by builders and such unforeseen hurdles, and even homeowners are forced to be tenants,” said Parab. BMC’s M ward Garden Department—which incidentally is also the Tree Authority for Tilak nagar—was intimated about the impending construction work. The authorities are now scrutinising the society’s application to cut some of the trees to make way for the building, Parab added.

Official speak

Highly placed officials in the Garden Department of M Ward confirmed that they had received a tree cutting/transplant application on behalf of Tilak Safalya society in October 2023 and that they are in the process of providing the required NOC as per the Tree Act. However, the officials denied that they had entered the plot and numbered the trees. “We received a request on behalf of Tilak Safalya CHS Ltd from Sandeep Bhikaji Barankar [consultant liaisoning with Tree Authority for the NOC, appointed by the society], seeking permission to cut/transplant the trees that are obstructing proposed construction work at the site. Our team carried out an inspection at the site. The trees had already been numbered, we did not number them,” an official from the Garden Department told mid-day.

Shobha and Bharat Shetty endured immense financial strife due to the prolonged redevelopment saga and hope the BMC issues its NOC soon

The officer added, “We never enter any private land, public property or even government land, until and unless we are approached by the applicant with a specific request seeking permission for transplantation/ cutting of trees.” The residents have to wait a while yet, going by the official’s explanation. “There are a total of 30 trees on the plot, of which permission has been sought to cut 15 and transplant six. This included 10 coconut trees, an Ashoka tree, two Peltophorum [commonly known as copperpod or yellow flame], an almond tree and a mango tree. As per the protocol, the report was submitted to the Tree Authority, Kanjurmarg. It will then be forwarded to the BMC headquarters. Once the headquarters grant permission, we have to publish a notice in the newspaper and wait for another 21 days before granting the final NOC,” the officer said.

Felling a tree without permission is an offence that can invite imprisonment for five years of imprisonment and/or a fine of Rs 1 lakh under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, the official informed. As for the cost of removing the trees and how many saplings are to be planted in replacement, the official said, “The cost and number of trees to be planted against each tree cut is based on how old the tree is. For instance, if a coconut tree is 20 years old, the applicants will have to plant 20 coconut trees, and so on. The cost for cutting each tree is Rs 15,000, while transplanting costs R25,000 per tree. Processing charges are Rs 10,000 in all.”

End of hardship?

“We are anticipating the Tree Authority’s NOC will arrive soon. We will begin construction work once the monsoon comes to an end,” said Parab, adding that they hope the construction will be done in three to four years. The vision for the redeveloped avatar of Tilak Safalya CHS is a 14-storey high rise instead of the earlier two-storey building. The tower, to be built in keeping with eco-friendly practices, will also feature basement and stilt parking, and will have two wings with a total of 98 flats. This will include two flats each for the 24 homeowners, as well as 50 flats for sale.

 Ajay Gurao

Each of the owners, who were earlier residing in one-room- kitchen flats measuring 200 sqft, will now be getting two flats—a 2BHK measuring 531 sqft, as well as a compact 1BHK of 300 sqft (totalling 831sqft carpet area as per the Maharashtra Ownership of Flats Act’s norms). Asked why residents would get two flats instead of one larger unit, Parab, said, “This was planned deliberately. The society maintenance will be higher than what we were otherwise paying to MHADA. Those who cannot afford to pay this can lease out the smaller flat and still have a source of rental income. 

The completion of construction will spell a long period of financial hardship for the residents such as Ajay Gurao, 62, former society secretary, who recalled how a portion of the ceiling at Tilak Safalya had fallen on his paralytic mother, who is 91 today. Luckily, she was unhurt. Many of the residents were salaried employees with children enrolled in nearby schools and would have preferred to continue living there. But with no money coming from the builder since 2011, most of them were forced to move as far as Navi Mumbai and other areas in the outer reaches of the Mumbai Metropolitan Region in search of cheap housing.

A retired man now, Gurao said he used to draw a salary of Rs 22,000 but spent most of it on rent. “I shifted to a relative’s house in Ulwe, where I pay Rs 14,000 per month for a 700-sqft 2BHK flat. I have been breaking fixed deposits to pay the rent. My wife Varsha, 53, earns Rs 5,000 monthly from her farsan business, while my son Ganesh, 22, recently got a job earning Rs 13,500, which helps us to meet our monthly expenses.”

“If all goes well, in the next three years, we will get possession of our house, thereby bringing an end to our financial suffering,” he said, adding that the only relief for society members was that they had advocate Parab fighting for them  in court, along with senior counsel advocate Niranjan Jaqtab, who also partly waived off his fees. Shobha, 58, and Bharat Shetty, 59, poured their entire life savings to buy their dream home at Tilak Safalya in 2000 for Rs 6.5 lakh. “We took a bank loan of Rs 4.5 lakh and invested all our savings in the house. Unfortunately, after that my husband lost his job,” said Shobha, adding that Bharat is now a hotel manager.

Amid their financial crisis, they found out that they would have to move out so the building could undergo redevelopment. “We have no choice but to stay on rent in Tilak Nagar in a 300 sqft flat shared by six family members, for which we pay Rs 26,000 in rent. We could not afford private schools for our children. We had to force them to do basic graduation courses as we could not afford engineering or medicine programmes. In order to support the family, I took up work as an LIC agent over the last decade,” she added. “Luckily, we have paid off the bank loan, but till we get possession of our flats, we will continue to face financial constraints, especially since we have to pay rent,” she rued.

15
No of trees that need to be cut

6
No that need to be transplanted