HC raps BMC over delayed OC to building due to encroachments on approach road

Bombay HC criticizes BMC for delaying occupancy certificate to Bhavna Kunj Co-op Housing Society due to encroachments, orders progress report by July 2.

MUMBAI: The Bombay high court has rapped the Brihanmumbai Municipal Corporation (BMC) for its inaction against encroachments, which has delayed the issuance of an occupancy certificate (OC) to Bhavna Kunj Cooperative Housing Society Ltd in Malad. The petitioners, represented by Mr Rakesh Agrawal, have been waiting for the OC since the completion of their building in 2018.

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A bench of justices MS Sonak and Kamal Khata issued the direction on a petition filed by members of the housing society. The main issue centred around the BMC’s fire safety department (FSD) withholding a no objection certificate (NOC) due to encroachments on the approach road that obstruct fire tender access to the building.

“Admittedly, the FSD is of the BMC. The BMC is responsible for preventing the encroachments. If encroachments have taken place, the BMC is responsible for removing them in accordance with the law,” the judges said, emphasising that the delay in granting the OC was not because of any fault of the petitioners but a result of the BMC’s failure to manage encroachments.

An affidavit filed by an assistant engineer (maintenance) of the P/North Ward, acknowledged the presence of 23 structures encroaching on the public road. It mentioned that notices were issued to the owners/ occupiers of these structures in April 2023, and the verification of documents is currently in progress.

The counsel representing BMC provided a chart indicating that 19 of the 23 structures were occupied by individuals eligible for benefits under the BMC’s bottleneck policy. However, the court asserted, “The issue of eligibility or ineligibility is one thing, but once it is admitted that the structures encroached upon the road, it is imperative that BMC takes immediate action to remove these encroachments.”

The court also addressed Mr Maurya’s request for adjournment to intervene in the petition, advising him to respond to the notices issued by the BMC regarding the encroachments. Additionally, the BMC was instructed to issue notices concerning any compound walls encroaching on the public road.

The judges expressed their concern over the prolonged delay, stating, “The petitioners, or for that matter further residents in the locality, cannot be made to suffer on account of such encroachments on the public road.” They further highlighted that “if such encroachments continue, they will constitute serious hazards, particularly if the fire tenders cannot access this locality.”

The court ordered the BMC to file a progress report by July 2, and scheduled the next hearing for July 4, stressing, “It is also not fair that the petitioner has to wait for over six years to obtain occupancy for no fault of theirs, even though the petitioner claims to have complied with all the requirements of the municipal laws for constructing the building in question.”