HC orders BMC to remove unauthorised structure blocking access to terrace of Powai highrise

The court also granted liberty to the authorities to take appropriate action, including withdrawal of the building’s Occupation Certificate, if the fire brigade found that the stipulations contained in the March 2004 fire NOC were not complied with

MUMBAI: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to demolish an unauthorised structure blocking access to the common terrace of a highrise building in Hiranandani Gardens, Powai.

HC orders BMC to remove unauthorised structure blocking access to terrace of Powai highrise

A division bench of justices Bharati Dangre and Manjusha Deshpande passed the order on a petition filed by Evita Co-operative Housing Society, seeking a declaration that the exclusive use, occupation and possession of the common terrace by a resident of the 29th floor was illegal.

Advocate Sonal, who represented the housing society, pointed out that in March 2004, the fire brigade had granted a no objection certificate (NOC) for the building on the condition that certain spaces in it, including the terrace, would be preserved as “refuge areas” and would be accessible to all residents. The building was later granted an occupation certificate based on the fire NOC.

However, the lawyer said, the common staircase leading to the terrace was closed and a separate staircase was constructed from a 29th floor apartment to the terrace, which only the buyer of the apartment, Ajit Patel, could access.

Ajit Patel maintained that the builder, Lakeview Developers, had sold him the flat measuring 1,305-square feet along with the portion of the terrace above it and an internal staircase leading to the terrace. He also claimed the terrace was divided in two parts – while one part was put in his exclusive possession, the other was accessible to all.

The developer, however, contested the claim, saying only the flat had been sold to Patel, and he had occupied the terrace exclusively although it was supposed to be kept open for all as a refuge space.

After noticing that the BMC had passed a speaking order as regards the unauthorised alterations, the court on August 5 ordered the civic body to implement the order and remove the alterations.

“It is high time that the Corporation (BMC) proceed with the action based on the speaking order dated 10/08/2025, which was passed after issuance of notice to respondent no.4 (Patel) and on consideration of the response of respondent no.4, by following due process of law,” the bench said.

The court also granted liberty to the authorities to take appropriate action, including withdrawal of the building’s Occupation Certificate, if the fire brigade found that the stipulations contained in the March 2004 fire NOC as regards other refuge areas and fire protection and fire-fighting requirements were not complied with.