Submit details about razing of tenements by April 19: HC to BMC

As reported by HT on March 19 and 20, the boys were found dead after they fell into an uncovered underground water tank located inside Maharshi Karve garden in Wadala. The demolition of tenements along Wadala bridge was completed a day after the high court took suo-motu notice of the HT reports regarding the death of the two young boys

MUMBAI: The Bombay high court on Monday sought an explanation from the Brihanmumbai Municipal Corporation (BMC) regarding the demolition of slum tenements on the footpath on either side of the Wadala bridge, including of the family which lost two young boys to a tragic accident on March 18.

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As reported by HT on March 19 and 20, the boys were found dead after they fell into an uncovered underground water tank located inside Maharshi Karve garden in Wadala. The demolition of tenements along Wadala bridge was completed a day after the high court took suo-motu notice of the HT reports regarding the death of the two young boys.

The court on Monday asked the BMC to clarify if the demolition was pre-planned or undertaken on ad-hoc basis and whether due notice of demolition was given to aggrieved families and the procedure followed prior to demolition of tenements.

“We require these (details) because it should not even be accidentally suggested that the demolition was some sort of ad-hoc action by BMC. We have not reached a conclusion one way or another as there are possibilities involved. There will be widely divergent legal consequences if proper protocol is not in place,” the court observed, directing the civic body to submit the affidavit within April 19.

The court also asked the BMC and the state government to clarify their stand on aspects related to the death of the two young boys. It directed the BMC to file an additional affidavit detailing the standard operating procedure and protocol, if any, for instances when it takes up work that could pose dangers to the public; while the state government must inform the court about any policy and procedure that is in place to compensate victims of accidental deaths related to public works.

“What is the price of a human life in this city? Are budgetary constraints an excuse for failing to ensure minimal safety precautions during civic works,” the court had asked in the earlier hearing, coming down hard on the BMC and saying it should be held accountable for the mishap.

On Monday, the court once again reiterated the corporation’s liability to compensate the victims, saying “there has to be some sort of structure” for compensation in such cases. “Our anxiety is that if you don’t have a structure, the liability will be open-ended. Some basis has to be there on which compensation part can be reasonably done,” the court remarked.

The court directed authorities to consider paying some ad-hoc compensation to Manoj Wagari, the grieving father of two deceased boys. It also assured Wagari, who was present in court, of help, emphasising the need to address the unimaginable loss suffered by his family.

Addressing senior advocate Sharan Jagtiani, appointed as amicus curiae for assistance, the court stated, “It is a horrible thing. Somehow you have to explain to him (father). What has befallen the couple is unimaginable. We are not suggesting that by pushing some money their way the loss will be made up. We just want them to get something under the law.”