To,

The Prime Minister of India,

New Delhi

Due to Corruption, A Disaster is Waiting to Happen

Sir,

A big organised Housing Scam in Uttrakhand is being accomplished by the

Builders by making collusion with corrupt Uttrakhand officials. Due to the greed
of the builders & corruption of Officials, life of 340 Residents is at Risk, beside
raising many complaints no action is being taken. As the matter is very serious
and relates to the life and safety of 340 residents and many high level officials
of Uttrakhand are involved in this Scam, so no action is being taken in the
said complaints. Earlier also, Appellant has raised complaints at PM portal
against fire department (complaint No. (PMOPG/E/2022/0335591 DTD
20/12/22), but the Complaints are being directed to the same offices, against
which the corruption charges are being raised. Result is that even the higher
officials are trying to save the corrupt officials of their department. Appellant
request the urgent intervention of Hon’ble Authority as in case of fire incident
or in case of natural disaster, it may cause a huge loss. Here Appellant is
presenting the facts and data that how builders are making collusion with govt.
officials and can be understood from the details of following Housing Project
at Haridwar -

Real Estate/Housing/Building Project Name: Mantra Happy Homes, Brazen

Arrow Co. Pvt. Ltd., Gram Salempur Mehdood- 2, Opposite Sector-2 Sidcul
(Near Raja Biscuit Chowk),Haridwar-249403.

1. This Housing Project is a classic example of Fraud, forgery Greed &

Corruption. After spending our life long savings, we are being deprived of the basic
facilities. The quantum of fraud committed in this Housing Project can be

1
understood from these simple data - for Providing illegitimate gain of crores
of Rupees to the Builder for this Housing Project 03 Maps were approved by
the Haridwar-Roorkee development Authority (HRDA) and other local
Authorities –

Map No. 2994 / महाo -1 / हरिo-23/154 दिनाां क 02/01/2015

Map No. 519/ महाo -1 / हरिo-23/154 दिनाांक 17/06/2016

Map No. / महाo -1 / हरिo-23/154 दिनाांक 15/06/2019

The initial Original Map of this Housing project was sanctioned vide order No. 2994 dt

02.01.2015, for construction of 170 Flats in group Housing Area and 68 Plots in the

Layout area of this Project (as shown below).

Taken from approved Map No. 2994

As shown above the initial original sanctioned map 2994 dtd 02/01/2015 of this project
was for construction of 170 Flats in 03 Blocks. In that Map- Parks/Green Area was
2202.70 M2(Annexure-1). Whole map of this Project was revised with the help of
Haridwar-Roorkee Development Authority (HRDA), fire department and other
various local Authorities. M/S Brazen Arrow Co. has made collusion with HRDA
and other local authorities & Revised the whole map of this project. In the
Revised Map No. 519/Maha-dtd. 17-06-2016, increased the number of flats from 170
to 270 at the same available land and also constructed Club House, Swimming Pool
at the same land, whereas the separate land as per rules was available for

2
construction of club House, swimming Pool and other facilities. Also, as per this
Revised Map Builder has increased the the Park/Green Area in this project from
2202.70 M2 to 3310.189 M2(Annexure-2). Builder has neither provided the facilities
as per initial sanctioned original map (No. 2994 dtd 02/01/2015), nor as per Revised
sanctioned map (No. 519 dated 16/06/2016) and to cover all the sins the third map
was approved by the local authorities on 15/06/2019. The height of corruption is
that the Parks which doesn’t exist were shown completed by the builder and were
inspected by the Haridwar-Roorkee Development Authority (HRDA), the green area
which does not exist as per PCB rules was inspected, a never constructed overhead
water tank for the drinking water facility was also inspected by the HRDA. Fire
department has issued Pre establishment NOC and NOC for the buildings which has
been constructed violating many rules. These corrupt officials have put the safety of
340 residents at stake for providing illegitimate gain of crores of rupees to the builder.

2. The details that how 340 families are suffering due to the greed of the builder and
corruption is explained here -

AT the same available land Area (21763.36 M 2), Builder has constructed
272 Flats and
From earlier sanctioned map builder with the help of HRDA has
increased the following area In the Revised Map (In papers only) –

Parks/Incidental green Area 2202.70 M2 to 3310.189 M2 by 1107.5 M2

Public/Semi-Public Area from 1137.86 M2 to 1231.116 M2 by 93.256 M2

Plotted area from earlier sanctioned 7276.09 M2 to 7539.480 M2 by 263.39

M2
Commercial Area from earlier sanctioned 475.53 M2 to 490.434 M2 by
14.904 M2
Group Housing area from 8695.79 M2 To 9115.90 M2 by 420.11 M2

Total Increase of area in revised map for above 5 facilities – 1899.16 M2

(Appx. 20442 Ft2), beside this the provision for many other required facilities
as per increased number of flats is also done in the Revised Map (As it was
required as per Uttrakhand Building Bye laws). It is not possible to increase
the Number of Blocks from 03 to 05 and flats from 170 in 03 Blocks to 272 Flats

3
in 05 Blocks at the same place, at the same available land and also provide the
increased facilities like Club House, swimming Pool, Increased parking Area,
increased green Area of appx 12000 Ft 2 without purchasing any extra land. This
all Fraud, Forgery, data manipulation was done in the revised map, as Hon’ble
Authority can see that at the same available land area it is not possible to
increase the number of flats from 170 to 272 and provide enhanced 1899.16 M2
(Appx. 20442 Ft2) area for other revised facilities and also the Public utility
area was sold by the directors to own daughter & other relatives. Safety of 340
residents is at risk, but the concerned higher authorities are also trying to cover the
scam of the builder and the corruption of their officials.

3. Builder made collusion with local Authorities and revised the whole
map of Mantra Happy Homes Project. At Mantra Happy Homes Group
Housing Society 272 Flats in 05 high rise Block have been constructed. In
such type of Group Housing Society, it is essential to provide 5% area for
Public/Semi- Public utility.

As per Uttrakhand Building Bye Laws, Clause 7.3 (IV)

As it is clearly mentioned in Clause 7.3(IV) that 5% area is reserved for

providing public/Semi-Public Utility like Club House etc. The 5%
Public/Semi-Public utility area of 1137. 86 Sq Meter (12250 Sq Feet), where
this club house was to be constructed as per sanctioned map(Annexure-1)

4
was available but was sold by the Directors of this project to own daughter
and other relatives on 20/11/2018, as per following transaction -

Registration Reg. Property Deed Jild Seller/First Buyer/Second Trans Market

Village/Location Area SRO Name
Date No. No. Type Details Party Party Value Value

ब्रेजन एरो
रीततका गुप्ता D/O
Jild No: कंपनी प्राइिेट
राजेश गुप्ता , , पूणण
सलेमपुर महदूद Sale
4653 लललमटे ड द्िारा
20 Nov 2018 7570 568.93 1411,1412 Pages: चंद गगण S/O माली हररद्िार,प्रथम 4450000 4449033
(द्वितीय) (श्रेणी - ड़) (Immovable) डायरे क्टर राजेश
राम , , हेमंत कुमार
223 to
250 गुप्ता S/O
S/O राजकुमार , ,
हरदे ि सहाय , ,

568.93 Jild No: ब्रेजन एरो अतनल गोयल S/O

सलेमपुर महदूद
8694 िगण
Sale 3895
20 Nov 2018 1411,1412 कंपनी प्राइिेट लशिनारायण गोयल हररद्िार,द्वितीय 4450000 4449033
(द्वितीय) (श्रेणी - ड़) (Immovable) Pages:
मीटर 219 लललमटे ड ,

After construction of 272 Flats at the same land instead of earlier sanctioned
170 Flats, after increasing the Park area as per revised Map from 2202.70 M2
to 3310.189 M2 by 1107.5 M2(12000 FT2), after enhancing many facilities
which exist in papers only, This Public/semi Public Utility Area meant for
residents was also sold at circle rate and @ the land was sold to other allottees,
the profit of 04 Crores will be earned by the daughter of the directors of this
Project from this common area of the project. In 2015 & afterward, on the
basis of original map itself builder has collected money from allottees, showing
this area as public utility area where club house was to be constructed but
sold this area to own daughter. Builder has sold the Flats/Plots of this
project at very exorbitant prices, promising many facilities like club house,
swimming pool, green area etc. Many of these facilities exist in Maps only or
constructed for sole purpose of cheating only (club house, swimming pool &
Park –B are on the same place in Revised Map & Park –B is visible to Builder
and HRDA only). Builder has also collected rupees 01 Crore 70 lakhs
separately from residents for club house and other facilities, but the area
where this club house was to be constructed was sold by the Directors of this
project to own daughter and other relatives. After selling 272 flats instead of
170 flats (as sanctioned in original map), commercial shops, Plots at
exorbitant price, they all will further get illegitimate gain of more than 05
crores rupees from the sale of Public Utility area of this project, this all is at
the cost of the safety of 340 Residents of this society. This all was done with
the help of corrupt local authorities.

4. Under Public/Semi-Public utility facilities - A club House (with

Multipurpose hall, Recreation Room, Gymnasium etc.) has been
constructed in this project. Fire department has issued Pre-

5
 Establishment NOC for construction of this Club House under
Public/Semi-Public Utility category -

 As per National Building Code (NBC) 2005 Part 6 (3.2.1.1) this kind of building

where group of people gather, club house, and gymnasium is covered under

the category

of Assembly

Building.

 As per National Building Code (NBC) 2005 Part3 {8.3.1 (c)} Open space of
assembly building at front shall be not less than 12 Meter and the other open
spaces around the building shall be not less than 6 M. Further it is clearly
mentioned – If assembly buildings are permitted in purely residential
zones, the open space around the building shall not be less than 12
Meter.

6
 The pictures of club house constructed in this project are shown here -

Club House High RiseBlock E Club House

As per NBC rules it is essential to provide open space of minimum 12

meter around such buildings (club House). From the given Pictures it is
clear that this club House (with multipurpose hall, Recreation Room,
Gymnasium etc.) is constructed at the wall of High rise Block E of this Project.
No Open space, not even an inch has been provided at back side and at
the sides, whereas as per NBC rules minimum 12 Meter open space all-
around is essential. In case of Fire, in Multipurpose hall, it will immediately
spread to Tower-E and vice-versa. In case of any natural disaster, what will
be the fate of the people gathered in the multipurpose hall, you can imagine.
This all illegal construction was allowed by the HRDA. Also, Fire
department in Revised sanctioned map has issued Pre- Establishment
NOC & NOC, to provide illegitimate gain of crores of rupees to the builder
and this is at the cost of life of common man.

5. A complaint was raised at PMO portal (complaint No.

PMOPG/E/2022/ 0335591). In the said complaint it was clearly mentioned
that this type of construction of a public/Semi-Public utility building (Club
House) without keeping even an inch open space with high rise Block –E of
this Housing project is totally against the above mentioned norms and
requires minimum 12 Meter of open space as specifically mentioned in NBC
7
rules, Part3 {8.3.1 (c)}. In reply to this complaint, Higher authorities of Fire
Department have mentioned that Club House is a contingent building hence
it was allowed.

Higher authorities of Fire department have mentioned that as per Clause 3.6
fire safety – Building shall be so planned, designed and constructed as to
ensure fire safety and this shall be done as per Part-4 ‘Fire and Life Safety’ of
the code.

As per NBC Part 4 (3.1) All Buildings are classified as per use or as per
character of Occupancy – Group A – Residential Buildings - sub group A-4
Apartments (flats) and Assembly Buildings are under Group D. Fire safety
rules are clearly described for each category of buildings. Also in NBC rules
3.1 Land Use Classification has clearly been defined for Residential and
Public/Semi Public Zones. In Uttrakhand building bye laws, it is clearly given
that club house is Public Utility Building, as mentioned above in Para-3 & in
the sanctioned Revised Map also it has been constructed under same
category. Here this Club House is specifically constructed under
Public/Semi-Public area category. How a public/semi-Public utility
building can be a contingent to Residential Building. No Open space, not
even an inch has been provided at back side and at the sides of Club
house, it has been constructed in the common walls of High rise Block-
E.

How an Assembly building can be contingent to a Residential Building?

How a Public/Semi Public Utility Building can be contingent to
Residential Building? Moreover, it is specifically mentioned in NBC rules,
Part3 {8.3.1 (c)} that if club house and such assembly buildings are
constructed in residential areas than minimum 12 meter of open space
around such buildings is required. In normal conditions also a minimum 06
meter of open space around such buildings is required. For providing
illegitimate gain of crores to builder, Fire department has issued Pre-

8
Establishment NOC on 10/6/2016 for this illegal Revised Map and issued
NOC for this hazardous building on 04 July 2018.

Also, As per clause No. 5.2 of Uttrakhand Building Bye laws

(Exterior Open Space/Setback) required for Club House (Community

facilities/Meeting halls) -

It is clearly mentioned in Uttrakhand Building Bye laws also that Set Back
(Open space) all around such buildings is essential. None of the rules were
followed, but now after raising the complaint, then also higher
authorities of fire department are covering the sins of the builder and
corrupt officials. Safety of 340 families is of no importance for these
authorities and beside taking action against the fraud builder and corrupt
officials they are showing a Public Utility Building (Assembly building) as
contingent building to residential Flats. In this way if builder would have
constructed factory, shops etc. in the walls of high rise Buildings then also
they will show it as contingent building. No NBC rules or Building Bye Laws
are required as every illegal construction can be named as contingent and can
be constructed anywhere. Moreover, it has been clearly mentioned in NBC rues
8.1.2 that The open spaces shall be separate or distinct for each building, but
here a Public/semi-Public Utility building has been constructed in the walls of
high rise Block –E, not even a separate wall has been provided.

6. Also, Fire separation is required. As per NBC rules 2.37 - Fire Separation is
The distance in metres measured from the external wall of the building concerned to
the external wall of any other building on the site. It is required so that fire should not
spread from one building to another but not even an inch space has been provided

9
between High Rise Block E and Public Utility building (Club House). Public utility
Building (club House) constructed in the walls of High rise Block –E is being
justified by the higher authorities of Fire department is an alarming situation.
Not only the required distance has not been provided but here not even separate
wall has been constructed, but higher authorities of fire department is justifying
this construction also. Where is the separation for High Rise Block-E and Club
House ?
7. Also, as per Uttrakhand Building Bye laws, in Clause 4.2, the minimum
area required for Public/semi-Public buildings for assembly purpose is 1000
Square meter. As per the details given in the Revised map of this project M/S
Brazen Arrow Company has constructed the club in a total area of 149.279
Square meter. As it is clearly given in the sanctioned map that under
Public/Semi-public area, club house (with multipurpose hall, Recreation
Room, Gymnasium) of 149.279 M2 is constructed in this project.
This construction is totally illegal and against the Uttrakhand building Bye
laws, as minimum area for such type of construction is 1000 Square
meter. How this construction was allowed by the HRDA & other local
authorities in a total area of 149.279 Square meter.? This is also a concern
of Fire department as in case of Fire or any natural disaster, it may cause
a huge loss for the crowd gathered at such a meagre space. This all is
concern of Fire department also but they are not ready to accept the clearly
laid down rules. As per Sanctioned Map in this Housing Project Public utility
area {1137. 86 Sq Meter (12250 Sq Feet)} was available as per rules, but
builder made the collusion with local authorities and this Public Utility area
was sold by the directors to own daughter for illegitimate gain of crores –

10
8. As per NBC rules 2005 Part 3 (5.2), no Recreational space shall be less
than 450 M2. HRDA has allowed the construction of the whole Club House
including multipurpose hall, Recreation Room, Gymnasium and other
facilities in meagre area of 149.279 M2. How this map was approved by the
Authorities? In case of Fire or any natural incident, people will get
trapped in Recreational room, built at such meagre area. This all is
concern of Fire department also but beside having laid down rules, clearly
mentioned in Uttrakhand Building Bye Laws, they are not taking any action.

9. As per Uttrakhand Building Bye Laws, clause 5.5, maximum coverage area
allowed for Assembly Building (community facility) is 45%. Here total area of Club
House is 149.279 Square meter. M/S Brazen Arrow Co. Pvt. Ltd. has built
multipurpose hall, Gym and other facilities in such meagre area and as per
the sanctioned map total covered area of club house is 284.344 Square meter.

As per Uttrakhand Building Bye Laws, clause 5.5, maximum coverage area
allowed for Assembly Building (community facility) is 45% and here it is 200% .
The fire department authorities, which are showing it a contingent building,
they are aware that in case of fire incident or natural disaster, the loss will be
huge. How NOC is being issued for a Public Utility Building (assembly
building) with covered area of more than 200% . As per NBC rules, every
building shall be so constructed, equipped, maintained and operated as to avoid
undue danger to the life and safety of the occupants from fire, smoke, fumes or
panic during the time period necessary for escape. Higher authorities of
fire department are justifying this illegal construction, can please
provide the information that how 200% covered area of Club House
is allowed and in case of Fire or any natural incident, who will be
responsible? In case of fire, people gathered in multipurpose hall,

11
recreational room, Gymnasium, will not be able to breathe also, as
construction of club house is totally illegal (with 200% covered area) and it
was done in a planned way by the builder by making collusion with corrupt
local authorities. Authorities which have to safe guard the interest of common
peoples are working to safeguarding the fraud builders and corrupt officials,
kindly help.

10. After construction of 272 flats instead of earlier sanctioned 170 Flats,
Public/semi-Public Area of this project, where the Club House was to be constructed,
was also sold by the Directors of this project to his own daughter and no land was
available for construction of Club House, so violating all the rules, the illegal
construction of Club House and Swimming pool is also done at the Park B area
of this project. In the Revised map of this Project – Park B, Club House, Swimming
Pool, all these facilities are shown at the same piece of land. Most of the area of Park
B is invisible, but for this invisible area of Park-B, illegal map as per the will and wish
of builder was sanctioned and this invisible Park was also inspected by the HRDA on
01/06/2019. Developers of this project have done fraud and data manipulation in
Revised Map and physically not even half of the green area is available. These all
areas, maps and all the details were shared with the Dy. Director of Fire department
on 04/01/2023. All the things that how fraud is committed and other details are clear
but still higher authorities are working to save the builder is a matter of great concern.

11. As per NBC rules, every building shall be so constructed, equipped,

maintained and operated as to avoid undue danger to the life and safety of the
occupants from fire, smoke, fumes or panic during the time period necessary
for escape. The construction of Club house is done by violating NBC rules, Uttrakhand
Building Bye Laws and many rules and regulations. Once the area as per rules was
available for construction of club House (with multipurpose hall, Recreation Room,
Gymnasium etc.) then why in the Revised Map this club house was allowed to be
constructed at the walls of High rise Block –E, at meagre area of 149.279 M2 with
covered area of more than 200%. Also this illegal construction is done in the area
reserved for Park –B of this project. HRDA, fire department & other local authorities
didn’t see anything and revised the Map as per the will and wish of the builder and
accordingly illegal construction was also authorised.

12. Also, as per NBC rules, Uttrakhand Building Bye Laws, it is essential to provide
set back or open space around the high rise buildings, but here not even an inch open
space has been provided between high rise Block-E and Club House. It doesn’t require
to have knowledge of NBC and other rules and is a general fact that no construction
of any type is allowed near the walls of high rise buildings, but here a Public Utility
Building has been constructed at the walls of High rise Block –E and higher authorities

12
of fire department are justifying this. Where is the set back (Minimum required 08
Meters) of High rise Block-E? With these many irregularities and still the higher
authorities of Fire department of Uttrakhand are working to safe guard the interest of
builder and corrupt officials is a matter of great concern and needs an exemplary action
against all the concerned persons.
13. Builder has made collusion with local Authorities and revised the
whole map of Mantra Happy Homes Project. At Mantra Happy Homes
Group Housing Society 272 Flats in 05 Block have been constructed as
shown in Picture-

As per NBC rules and as per Uttrakhand Building Bye Laws it is essential to
provide the minimum distance between each Blocks, as per the height of the
buildings. Here height of the buildings is 24 meter for each Block (Annexure-
2) & minimum distance required in each Block is 08 Meter.

As per Clause 5.2 of uttrakhand Building Bye laws-

Also, As per section 8.2.3.1 of part III of N.B.C. - Sufficient open space
(setbacks) around residential buildings, is essential to facilitate free movement

13
and operation of Fire Service vehicles. As per NBC rules, the minimum Set
Back Required all around such High Rise Blocks is 08 Meter. Here, All the
05 blocks are adjacent to each other and no gap can be seen, whereas
minimum 08 meters of distance in each Block is mandatory, as per NBC
rules and as per Uttrakhand Building Bye Laws. Important fire safety norms
have been violated in this project. The safety of the residents living in these
high rise buildings is at risk and in case of any natural disaster or fire
incident, there will be huge loss. Not even 01-inch distance has been
provided between the High Rise Blocks, in case of fire it will immediately
spread to all the Blocks and in case of natural disaster, problem of one
Block will affect all the High Rise Blocks. How the residents leaving in
these High Rise Blocks will be saved? As per rules, there is no space for
Fire vehicle to move, as no set back as per NBC rules has been provided. This
is a potential hazard for the safety of 272 families residing here. This all was
done knowingly, for getting illegitimate gain of Crores of Rupees, the Whole
map was Revised by the builder with the support of local Authorities.

14. Map No. 2994, as per which the Plots/Flats has been sold, as per that
map this project has the space for construction of 03 blocks (170 Flats) only.
As per the initial original sanctioned map no. 2994 dtd 02/01/2015, required
distance between Blocks and Set Back was provided, as it is clear from the
picture of Map presented here –

BLOCK A

BLOCK C

BLOCK B

Taken from Original Sanctioned Map 2994 dtd 02/01/2015

14
All the Flats/Plots in this Housing Project has been sold by the builder
by mentioning in the builder buyer agreement that the Housing Project
will be developed as per above mentioned Sanctioned Map 2994 dtd
02/01/2015. Builder made the collusion with HRDA and other local
authorities and Violating all the rules, Whole map was revised and
construction of 272 flats in 05 High Rise Block at the same available land was
done. Not even an inch open space has been provided between the High Rise
Blocks.

BLOCK B

BLOCK A

BLOCK C

BLOCK E
BLOCK D

Taken from Revised Map 519 dtd 16/6/2016

15
In the complaint raised at PMO portal (complaint No. PMOPG/E/2022/
0335591) all the above mentioned points were raised. How the Fire
department has issued Pre-Establishment NOC & NOC for these 272 Flats
constructed in 05 high rise Blocks, without having even one-inch distance or
open space between these blocks.

15. As per the reply provided by the higher authorities of Fire department,
they have mentioned that these are not 05 Blocks, this is only one block and
the shown 05 blocks in the Revised map are the sub parts (Block- A,B,C,D
&E). As no required distance as per rules has been provided, so it is a new
story cooked by the authorities. From the above Map it is clear that Revised
map was sanctioned for 05 Blocks (272 Flats in 08 story buildings). It is also
very strange that as per initial sanctioned map, builder has taken the
permission for construction of 170 flats in 06 story, 03 blocks and as per rules
required distance between each block was provided. Now 272 Flats have been
constructed in one Block only. For 170 Flats 03 Blocks were required but 272
Flats were constructed in one Block only. Whereas, as per the information
received from Fire department, they have issued Pre-Establishment NOC for
these 05 different Blocks. Also NOC for different Blocks was issued at different
time by different Chief Fire Officers (Annexure -3).

16. As per the reply given by the higher authorities of Fire department,
even if we consider these five high rise blocks as different wings of one block
then also as per NBC 8.1.2 Open Spaces Separate for each Building or Wing is
required.

NBC Rules 8.1.2 – The Open Spaces shall be Separate or distinct for Each Building
or Wing. The open spaces shall be separate or distinct for each building and where a
building has two or more wings, each wing shall have separate or distinct open spaces
for the purposes of lighting and ventilation of the wings. However, separation between
accessory and main buildings more than 7 m in height shall not be less than 1.5 m; for
buildings up to 7 m in height no such separation shall be required.

As it is clear that these are 05 high rise Buildings. Further as per NBC rules
8.2.3.1 For buildings of height above 10 m, the open spaces (side and rear) shall be
as given in Table 2. The front open spaces for increasing heights of buildings shall
be governed by 9.4.1 (a). As per 8.2.3.1 -Side and Rear Open spaces required
for a building height - 24 Meter is 08 Meters. Here not even an inch open space
has been provided between five wings of high rise Block. It is clearly mentioned
in NBC rules that each wing shall have separate or distinct open spaces for the
purpose of lighting and ventilation of the wings. Also, Club House, is also
constructed without keeping an inch separation from main high rise building – Block
E.
16
17. Also in each building as per NBC rules 4.9.3 - Interior Open Space for Light
and Ventilation is required. As per 4.9.3, The whole or part of one side of one or more
rooms intended for human habitation and not abutting on either the front, rear or side
open spaces shall abut on an interior open space whose minimum width in all
directions shall be 3.0 m. in case of buildings not more than 12.50 m. in height and
subject to the provision of increasing the same with increasing height @ of 0.3 m. per
every meter height or part thereof beyond 12.50 m. These all rules and many
necessary requirements have not been followed in this housing project. As per NBC
rules, every building shall be so constructed, equipped, maintained and
operated as to avoid undue danger to the life and safety of the occupants from
fire, smoke, fumes or panic during the time period necessary for escape. Neither
the required exterior open space, nor the interior required open space has been
provided. We are not being considered as Human beings and being deprived of
lighting and ventilation also. All these rules are necessary to be followed in High
rise Buildings as in case of fire, people can get enough ventilation and there will be
huge loss due to smoke. Higher authorities of Fire Department are justifying these
high rise buildings, constructed by violating many rules, is a matter of great concern
and needs exemplary action.

18. Also, fire department knows that for High rise Buildings fire separation is
very much required. As per NBC rules 2.19 Fire Separation — The distance in
metres measured from the external wall of the building concerned to the external
wall of any other building on the site, for the purpose of preventing the spread of
fire. Here not even an inch fire separation has been provided in the 05 wings or
05 high rise buildings of this Housing Project.

Further as Per NBC rules 5.4.11.3 Separation between adjacent units-

Two adjacent buildings, or two adjacent units of the same building shall be separated
by a distance equal to the amount R times the sum of the calculated storey
displacements as per 5.4.11.1 of each of them, to avoid damaging contact when the
two units deflect towards each other. Construction of 05 High Rise Blocks, club
house without separation is very hazardous and in case of fire or any natural incident
it may cause a huge loss to innocent residents. Kindly Help.

As per rules for the purpose of preventing the spread of fire. distance from the
external walls of one building to the distance of the external walls of another
building is essential to be provided. Here 05 high rise Buildings (or Blocks or
wings) have separate walls, so as per rules Fire separation is must, but not
even an inch space has been provided between the external walls. How, Fire
department has given Pre-Establishment NOC and NOC for such
construction.

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19. It is not possible to build 272 Flats in one Building. Builder has sold
the Flats by mentioning in Builder-Buyer agreement – Block name (A,B,C,D
&E) and flat number details for each flat. Also these Blocks have different
covered area, as mentioned in the 2019 Maps also -

Total Covered Area of Block A at ground Floor - 460.660 M2

Total Covered Area of Block B at ground Floor - 427.482 M2

Total Covered Area of Block C at ground Floor - 549.635 M2

Total Covered Area of Block D at ground Floor - 530.340 M2

Total Covered Area of Block E at ground Floor - 495.239 M2

Each Block has distinguished covered area. AS per rules, 08

Meters of open space around each of these building is required.
It is a matter of great concern that as shown above, as per
initial map, required distance and Set Back was provided then
what happened suddenly that violating all the necessary
RULES, whole map was revised without keeping even one-inch
Gap between High rise 05 Blocks (or 05 wings). Also Construction
of Club house, is done without leaving even one-inch space near the walls of
such high rise buildings. Even for Air, ventilation, sun light the minimum
required distance between each building has not been provided. We are not
being treated as Human beings. After spending our life long savings, we are
being left at the mercy of Builders and corrupt officers that whatever they will
provide, we have to accept it. The big question is that once the approved
map for construction of 170 Flats was sanctioned and builder has sold all the
Plots/Flats as per this Map only, then why without the knowledge of the
allottees, the whole Map was Revised by the builder for construction of 272
Flats, club House and many other facilities, at the same area. The Authorities
which has the responsibility to safe guard the interest of the common peoples
is working to save the Builders. Builder & Corrupt officers are enjoying at the
cost of the safety of 340 residents.

20. As per Initial Sanctioned Original map of this Housing Project, only 170
Flats were to be constructed and for these flats Basement Parking, stilt Parking
and open Parking space was available (Annexure-1). Now at the same available
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land 272 Flats has been constructed and no Basement Parking has been
Provided. Only 85 covered Stilt parking is provided(Annexure-2). 187 Flat owners
are Parking their vehicle around the high rise Blocks as shown in Picture –
Back side of Blocks Front side of Blocks

This is the open parking around High rise 05 Blocks. Builder has not provided the
required distance & Set back between high rise buildings, as per NBC rules.
Already required Set back has not been provided and whatever little area is
available is being used as Parking. In case of fire or any natural disaster no
space is there for Fire vehicle to even come near these High Rise Buildings.
What will be the fate of the residents you can imagine.
Also, As per NBC Rules, 4.8 - EXIT REQUIREMENTS - All exists shall be free
of obstructions.

In Front of Entry/Exit point Covered Parking Sold by the Developer (Marking

shows the Flat No., to whom this space was sold)

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For the sake of his greed, builder has even sold the exit passages as covered
parking under the stilt area. In case of fire or any natural disaster, residents will
not be able to come out and get trapped, they will suffer due to the greed of the
builder and the corrupt officers. Sir, the initial original Map was a perfect map
and as per that map area for construction of 170 flats, basement Parking and all
facilities as per the rules were available. Knowingly, this Fraud was done by the
builder by making collusion with the HRDA, Fire department and other local
authorities. At the same land 272 flats has been constructed, basement Parking
is also not provided, the quantum of fraud is very high and this all is at the cost
of the life of common men. On 04/01/23, Dy. Director of fire has visited at this
site along with his team. Appellant & Many other residents have provided the
statement about this issue, and all the details were provided, physically problem
area was shown and about all the other concerns full detail was provided, but
all this is futile.
21. As per Uttrakhand Building Bye Laws (Clause 3.2-vii & 6.1),

Uttrakhand is in the high seismic zone and for construction of such high rise
buildings, it is essential to take the approval from Empanelled structural
Engineer and construction of such high rise buildings must be under the
supervision of structural engineer. Appellant has taken the Maps and many
documents of this Project from HRDA and not even on a single Map, approval
of structural engineer has been taken. In this Housing project 05 High Rise
Blocks has been constructed on Stilts. As per Uttrakhand Building Bye

Laws (Clause 5.6)

All the construction work for such Group Housing must be done under
the supervision of Empanelled structural Engineer. Also before issuing
Completion/Occupancy certificate for such High Rise Buildings it is essential
to have certificate from Empanelled structural Engineer. None of the

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Procedure was followed. For providing illegitimate gain of Crores of Rupees to
the builder, the whole map was revised by the Builder by making collusion
with HRDA and other local authorities. For construction of High Rise Blocks
on Stilts, not even the required procedure was followed, life of 340 residents
has been put on risk. This whole construction has been done by violating
necessary safety rules, NBC rules & Uttrakhand Building Bye Laws. In case
of natural disaster, it may lead to huge loss, for the residents of this society.
For these High Rise Buildings, necessary required approvals, certification
from Empanelled Structural Engineers for revised map and construction and
necessary procedure was not followed. This Whole Construction of 05 High
Rise Blocks has been done by violating various rules and is a potential hazard.
In case of any fire incident or natural disaster the innocent residents will
suffer. You are requested to take the exemplary action against such
avaricious Builders, corrupt officers and all concerned involved in this scam.

Also as Per NBC rules 5.4.11.3 Separation between adjacent units is required -

Two adjacent buildings, or two adjacent units of the same building with separation
joint in between shall be separated by a distance equal to the amount R times the
sum of the calculated storey displacements as per 5.4.11.1 of each of them, to
avoid damaging contact when the two units deflect towards each other. When floor
levels of two similar adjacent units or buildings are at the same elevation levels,
factor R in this requirement may be replaced by R/2.

Here no such separation between high rise 05 Blocks has been provided and
also under Public Utility construction of Club House has been done without
providing any separation from high rise Block –E.

22. This Housing Project is a classic example of Fraud, forgery Greed &
Corruption. As Per Uttrakhand Building Bye Laws it is essential to provide 15%
area as Park area in such Projects. It is not possible to increase the number of flats
from 170 to 272 and provide increased green area of 12000 Ft 2 at the same available
land. How this manipulation is done is explained here – M/S Brazen Arrow has
increased the Parks/Incidental green Area in the revised map, from 2202.70
M2(Annexure-1) to 3310.189 M2 (Annexure-2) by 1107.5 M2 (12000 FT 2). As per
Revised sanctioned map, M/S Brazen Arrow has shown 05 Parks in this project. As
per Revised sanctioned map, 05 Parks are shown in this project.

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 All these Parks, exist in Maps only, Physically at site

Park B in front of Club House which should be of (550.801 M2)6000 Sq feet as

per sanctioned map and appx. Only 500 sq feet is available physically at site.

Park C in front of Towers which should be of (916.277 M2)9863 Sq feet as per

sanctioned map and appx. Only 2000 sq feet is available physically at site.

Park D with badminton court should be of (314.710 M2)3300 Sq feet as per

sanctioned map and appx. Only 1000 sq feet is available physically at site.

Park E which should be of (484.512 M2)5500 Sq feet as per sanctioned map and
this whole Park is missing.

Hon’ble Authority can see the quantum of fraud committed in this project by developers
and it was done with the help of local Authorities. Haridwar- Roorkee Development
Authority (HRDA) has completed the inspection of These non-existing Park Area

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on 01/6/2019. Public/semi-Public Area of this project, where the Club House was to
be constructed, was also sold by the Directors of this project to his own daughter and
no land was available for construction of Club House, so violating all the rules, the
illegal construction of Club House and Swimming pool is also done at the Park
B area of this project. Not even half of the required green area/Park area is available
in this Project. All the important fire safety norms, NBC rules were violated for providing
illegal gain to the developers of this project. For these people, money is more important
than the life of innocent people. Hon’ble Authority can set an example by taking
appropriate action against such builders and corrupt officials. Due to these type of
Builders we are at the mercy of God and in case of any natural disaster even
God may not be able to help us.

23. In the earlier sanctioned Map (page-2), Area available for Group Housing is

8695.79 M2. Now after increasing Plotted area, Commercial area & other facilities

the same area is being shown as 9115.90 M2.

Area available for group housing is even less than 8695.79 M 2, but in papers data
manipulation was done and the same area is shown as 9115.90 M2. 272 No. of Flats
have been constructed by violating the Uttrakhand Building Bye Laws, NBC laws and
environment rules. Proper Air, ventilation, sun light is not available to residents
of these flats and many rules, regulations have been violated in this project. These
Blocks have been constructed on the green area in this project. As per
Uttrakhand Building Bye Laws (Clause 5.5) – Norms of Ground Coverage
– Maximum Ground coverage allowed for Group Housing is 35%. Builder
has constructed 272 flats instead of earlier sanctioned 170 flats at the same
place and for 272 flats the coverage area has been shown even less than the
previous sanctioned map as given in Annexure-1,2. Here from the revised
map given on Page-15, you can see the coverage area of Group
Hosing. It is more than 70% is covered by construction of Flats. Even at

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the Park area, Flats has been constructed. At the area of Park -B, Club House
& Swimming Pool has been constructed. This detail is enough to show the
nexus between the Builder and other local authorities. In case of fire or any miss
happening, residents will suffer a huge loss, due to the fraud of builder and corrupt
officials. This Housing Project has many irregularities, lot of violation of rules and
regulations have been done. This all has been done with the help of persons, those
who have the duty to safeguard the interest of common peoples, but they are working
to save the builders. Hope you will take appropriate action against the Builder,
concerned involved persons and also against those who are trying to save the corrupt
officials.

24. In this Housing Project, as per Approved Map an overhead water Tank of

50,000 Litre capacity was to be constructed.

Taken from Approved Map.

This never constructed Overhead Water Tank was also inspected by the HRDA
on 01/6/2019. This detail is being shared to show the quantum of fraud committed by
the Builder and the Local Authorities. After spending our life long savings, we don’t get
the basic facilities like drinking water also. Similarly, the Boundary wall as per
sanctioned map has not been constructed in the project and residents are facing lot of
theft incidents. The list of Frauds committed in this single Housing Project is very long.
Not even the basic facilities exist. You can imagine the quality of the construction and
other parameters that how the common people are living at the mercy of these
peoples.

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25. Recently Hon’ble Supreme Court of India in Supertech Case, has given a
landmark judgement and ordered for demolition of Twin Towers in Noida. Hon’ble
Supreme Court of India has commented that Homebuyers "suffer the impact of the
unholy nexus between builders and planners," the case has revealed a nefarious
complicity of the planning authority in the violation by the developer of the provisions
of law. As observed by the Hon’ble Supreme Court of India in Supertech Case, Civil
Appeal No. 3526 of 2016, Homebuyers "suffer the impact of the unholy nexus between
builders and planners. The similar practises are being adopted by many builders by
having collusion with the planning Authorities. Here in Mantra Happy Homes, project
similar tactics were adopted. Here also M/S Brazen Arrow Co. Pvt. Ltd. made an
unholy nexus with Haridwar- Roorkee Development Authority (HRDA) and other
related agencies and has Constructed the 272 Flats of Mantra Happy Homes by
Illegally revising the map and violating many rules and regulations. Appellant has
already sent various complaints and mails to all the concerned departments. As many
High Level Officials of Uttrakhand are involved, so no action is being taken. Also
it is necessary to take immediate action in this case as the matter relates to safety and
life of 340 residents of this society. Residents are facing lot many problems and are
living in pathetic conditions. Builder and concerned officials have taken the
illegitimate gain of crores of rupees and Residents will suffer for whole life. In case of
Fire or any natural disaster the loss will be huge. You are requested to help the
appellant and 340 residents. You are requested to take cognizance of this matter and
take exemplary appropriate action against the builder and concerned involved
persons.

Regards

Sanjeev Kumar

House No. 173, Type-3, Sector-5B, BHEL, Ranipur, Haridwar

Mobile No. -7500942131

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 Annexure-1

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 Annexure- 2

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 Annexure- 3

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