Relocation of site for Waste Collection & Management Plant

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PETITION/REPRESENTATION

To: GULSHAN HOMES AND INFRASTRUCTURE PVT. LTD.

Project: Gulshan Ikebana

Representation by: Residents of Gulshan Ikebana

We, the undersigned are Residents of Gulshan Ikebana and have signed this Petition for your consideration.

We humbly submit as follows:

That it has come to our notice that Gulshan Homz is planning to set up a Waste Collection & Management Plant  in the Ikebana premises just behind the shops/market and directly opposite and in close proximity to towers of L, M, N, Q  near playing area/green area/Skating Ring/Kids area. Certain informal meetings were held by us with facilities team regarding this and many residents have already expressed their concern regarding the same via email already.

 
That although, it is a good step to organize waste management & compliance of regulations but we have serious concerns regarding the location chosen for the same. The Location is very close to balconies of Tower L,M,N, O & P. Further, the Location is very close to kids playing area, green area and market. The location has been chosen without the consent of Two/Third Residents and not even a Notice is served/Displayed anywhere and work is being carried on in a secret manner which is not appreciated.

 
That we have concerns regarding impact on health of resident, particularly children who play in that area and old age residents who sit in that area & residents of these towers who are in close proximity . Further, we have concerns regarding stink of manure and garbage & other possible adverse effects of the same, particularly in monsoon season. Frequent ‘to and fro’ of vehicles/tractors carrying waste is serious issue.

 
That many residents have invested their life savings and hard earned money and also paid Preferred Location Charges but now find themselves in awkward situation and will see waste collection and management in front of their balconies and face other challenges associated with it.

 
That the construction of the same was started without any notice or consent from residents. The Towers are covered under RERA and the Section 14 of RERA is reproduced hereunder for your reference
“Section 14 of RERA

14. (1) The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.

(2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make—

(i) any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, which are agreed to be taken, without the previous consent of that person:

Provided that the promoter may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by an authorised Architect or Engineer after proper declaration and intimation to the allottee.

Explanation….

Adherence to sanctioned plans and project specifications by the promoter.

ii) any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building.”

Therefore, we pray following relief from you as under:

 
To discuss the matter with us and allow us to represent our case before your Management.
To immediately stop the further construction of the said Waste Collection and Management Plant.
To discuss about the ‘New location’ for this Plant with consent of at least two third residents  of Tower L,M,N,O,P. 
 



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