We are horrified, says HC, orders demolition of South Mumbai building over safety violations

Several open duct and electrical duct areas had been illegally converted into residential or commercial spaces in complete violation of the sanctioned plan and fire safety norms

MUMBAI: In a crackdown on illegal constructions that compromise fire safety, the Bombay High Court recently ordered the demolition of unauthorised structures in a building in South Mumbai after finding several violations by the developer.

We are horrified, says HC, orders demolition of South Mumbai building over safety violations

Saba Qutty, a resident of Sara Palace in Madanpura, had moved the high court in May last year, after she found out that the Brihanmumbai Municipal Corporation BMC) had allegedly failed to prevent multiple illegalities, unauthorised constructions, and encroachments in the building. She highlighted gross-violations of the sanctioned layout plans approved by the BMC. Qutty pointed out that parts of the building were illegally occupied, electrical duct areas had been converted into habitable or commercial spaces, third parties had encroached into the building’s space, and people had even sold portions of the building beyond the commercially saleable area as per the Development Control Regulations (DCR).

The petition, filed through advocate Vedchetan Patil, stated that the developer, Hi Rise Realty, began constructing the 12-storey building in 2009 with approved building plans which mandated that each floor should contain five rooms and an open duct area to be kept open for ventilation, light, and emergency access. When Qutty later inspected the area and inquired about the matter with the developper, she was told that the open duct areas from the 1st to 7th floors were allegedly sold or allotted to third parties.

In her petition she said that these areas were converted into residential or commercial spaces using brick masonry and Ladi-Koba slabs, which is in complete violation of the sanctioned plan and fire safety norms. She added that although the building has obtained a Commencement Certificate (CC) only up to the 11th floor, the builder had begun construction work on the 12th floor without obtaining a CC, a move which she said was blatantly illegal and dangerous.

Qutty wrote several complaints to the authorities between December 2024 to May 2025, but they took no action. The petition further alleged that the unauthorised constructions and occupations amounted to criminal mischief, cheating, and violations under the MRTP Act, 1966, in addition to municipal laws. “The refuge areas, ducts, and parking areas are common facilities, and their misuse jeopardizes the entire building’s safety and legal standing under housing and municipal laws”, Qutty said in her petition.

During the hearing on December 9, 2025, the division bench of justices Ravindra Ghuge and Ashwin Bhobe noted a report submitted by the Mumbai fire brigade which highlighted several violations in the building. The report said that the fixed firefighting installation system as per fire safety requirements, such as, a wet riser, external hydrants, an automatic sprinkler, a smoke detection system, fire pumps and other pumps along, an alternate source of electricity supply, a fire alarm system with main control panel at the ground floor and a refuge area on 8th floor among other things were not provided.

“We are horrified by the report”, the court stated, while noting that an Occupation Certificate (OC) had not been issued, but residents had been allowed to occupy the flats. The bench directed the BMC to immediately initiate steps and issue eviction notices to the residents. It also said that several rooms, which are constructed by converting the electrical duct and fire duct into living areas, should be demolished and the ducts should be restored.

However, noting the imposition of the Model Code of Conduct due to the civic body elections on 15 January 2026, the court on January 8 directed the authorities to initiate the demolition between January 27 to and 31.