Residents of Willingdon View’s top floors to vacate homes today

HC rejects the residents’ interim plea asking for an extension of the August 27 deadline; if norms are flouted, homes will be sealed, says BMC

MUMBAI: A cloud of melancholy descended on the Shivhare residence on the 24th floor of Willingdon View CHS, in Tardeo, as also others residing between the 17th and 34th floors, on Tuesday, after the Bombay High Court (HC) rejected their interim plea seeking an extension of the August 27 deadline to vacate their homes, reiterating the court’s August 7 directive. The top 18 floors of the building were built without an occupation certificate or an NOC from the fire department in 2010.

Mumbai, India - Aug. 26, 2025: Namita Shivhare, a resident of Willingdon Heights in Tardeo, faces an emotional dilemma this Ganpati festival. With BMC ordering the building’s evacuation after a court directive, she has halted her usual decorations and wonders whether to welcome Ganpati into her home, as every year, or shift the celebration to the building lobby. For Namita, the three-day festival is a tradition of devotion and joy—now shadowed by uncertainty, in Mumbai, India, on Tuesday, August 26, 2025. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT Photo)

The perplexed Shivhares are in the midst of preparations for the annual three-day Ganpati celebration at their home. “With the Brihanmumbai Municipal Corporation (BMC) ordering eviction, we do not know whether to halt the decorations and welcome our Bappa or shift the idol to the building’s lobby,” said Arun Shivhare, secretary of Willingdon View. “If we are evicted, who will perform the daily pooja?”

In a last ditch effort to retain their homes, desperate residents of the housing society staged a protest outside the fire brigade headquarters in Byculla for over eight hours on Monday, seeking a fire compliance letter. Though the letter they received was not a formal fire NOC, it became a crucial document to present in court. However, despite their efforts, the court remained firm on Tuesday. The final blow came when BMC’s legal counsel opposed their plea in court.

Confirming the development, advocate Chaitanya Chavan, the civic body’s legal counsel, said, “The residents’ interim plea was refused by the court, which had already given them three weeks to vacate. The residents were not satisfied with the earlier order and went to the Supreme Court, which 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. That order expires tomorrow. They filed another interim application today seeking more time, which we opposed, pointing out that the residents had already submitted an undertaking to vacate their homes. BMC, as a planning authority, is adhering to the court’s order.”

The order was passed by Justice B P Colabawala and Justice F Pooniwala, who stepped in as an alternate bench since Justice Girish Kulkarni, who had earlier heard the matter, was unavailable this week.

When asked what action the BMC would take if residents failed to vacate their homes, Chavan stated, “We cannot alter the undertaking submitted by residents in court. We will seal the premises and lock their homes.”

Manish Valanju, assistant commissioner of D Ward, reiterated that August 27 was the final day for compliance. “They have to lock their homes and inform us by Wednesday. We will visit the premises on Thursday to check and report to the court. If they fail to do so, we will use police protection and seal their homes,” said Valanju.

Expressing anguish over the court’s decision, Kiran Mehta, a resident of the 20th floor, said, “I am a 66 year-old-man mired in such a controversy. We haven’t done anything illegal. Our building has a commencement certificate and an IOD (Intimation Of Disapproval, a preliminary approval given by BMC stating that the building plan complies with regulation). We pay our property taxes on time too.” The case reached court when “a buyer was duped by the builder into accepting a refuge flat as a regular flat; now all residents are suffering”.

Sonal Choksi, a resident of the 32nd floor, said, “We do not know what will happen on Thursday, but we will stand united.” Another resident from the 22nd floor, requesting anonymity, shared that he and his family had already moved to an apartment in Prabhadevi. “There were leaks in my flat. My mother is a nonagenarian and I did not want to be hassled. I had to move out,” he said.

Former MP Gopal Shetty, who had helped residents secure the fire compliance letter on Monday, visited them on Tuesday and pledged his support. “I will support them on August 28 when the BMC evicts them,” he said.