MUMBAI, Sept. 6 -- Sixty two families who reside across 34 floors in Willingdon View Co-operative Housing Society (CHS), Tardeo, will have to pay a penalty of Rs.35 crore to the BMC, in order to obtain full Occupancy Certificate (OC) for their building. The amount includes Rs.31 crore in regularisation charges and costs related to the excess usage of Floor Space Index (FSI), along with an additional Rs.4 crore to purchase extra parking, following which the building will be regularised by BMC. The building was constructed in 2008. That its top 17 floors were occupied without procuring an OC, while the entire building had no fire NOC came to light when the builder sold a refuge flat to a buyer Sunil Jhaveri, who subsequently moved Bombay High Court (HC) in 2022 stating the construction was illegal and the building lacked safety clearances. "The society has exceeded the permissible FSI limit of 1.33, having constructed more than what was legally allowed. They have to pay for the purchase of additional FSI and regularisation of the constructed area," a senior BMC official said. According to the civic body's building proposals department, approximately 2,500 square metres of built-up area needs to be regularised. "The penalty is unavoidable since the construction is already done," the official added. Residents from 17 to 34 floors had vacated their flats reluctantly on August 27 after submitting an undertaking to the BMC based on an HC order of July 15. The court had ordered their eviction due to lack of a full OC and a fire NOC, which prompted them to move Supreme Court. The apex court did not entertain their special leave petition and on August 1 directed them back to the HC to seek more time. HC then granted them three weeks on humanitarian grounds. Residents had filed another interim application on August 26 seeking time, which was opposed by BMC and rejected by court forcing residents to vacate their flats on August 27. The building also violates structural norms - it is required to have two staircases of two metres each but presently has only one. "In order to address this, the society must pay a premium for condonation, calculated based on the number of floors and the area of the missing staircase. We are currently processing the necessary concessions," said the senior civic official. He added that once the municipal commissioner approves the final penalty amount, a demand notice will be issued. "If the society fails to pay, the OC will not be granted," he said. This was confirmed by civic chief and administrator Bhushan Gagrani. A resident of the society, who did not wish to be named said, they were seeking waiver of what they term an "unreasonable premium". "We have to pay Rs.4 crore for extra parking which we do not require. BMC has asked us to construct a parking tower to accommodate 40 cars, without which it will not grant us the OC. This is aligned to DCPR 2034 which is applicable to us." The resident said that with 62 flats in the building, each family will have to pay Rs.50 lakh, and since he owns two flats, his share will amount to Rs.1 crore. Explaining the computation of the premium regularisation cost, senior architect Shirish Sukhatme told HT, "BMC cannot condone a building flouting DCPR 2024 rules by not constructing a second staircase. Fire safety is paramount. Also, the Rs.31 crore penalty likely pertains to construction beyond the approved plan, where the BMC has applied 70% of the ready reckoner rate." BMC recently revised its penalty structure on buildings that are occupied without the mandatory OC, replacing an earlier circular from October 6, 1995. To deter premature occupation and enforce compliance with planning and safety norms, it imposes penalties on buildings occupied before an OC is granted. "For residential flats occupied without an OC, the penalty is just Rs.50 per sq metre of carpet area, with a minimum charge of Rs.500 per flat. So, this doesn't seem like a case of only unauthorised occupation without an OC for it to incur such a huge penalty," Sukhatme added, indicating the civic body may have located other irregularities as well....