23 old buildings in Mumbai to be razed, residents blame owners

The BMC’s legal department has sent out a list of 23 buildings, stating that in these cases, the HC has dismissed the petitions and vacated the ad-interim orders (matters in which the court stayed eviction till the matter is dismissed).

Shobha Bhambhwani, 63, has been living in Anand Niwas in Khar for several decades. While the civic body has declared the building dilapidated, Bhambhwani says that has been the condition of her third-floor flat for the past 10 years.

Currently, the Brihanmumbai Municipal Corporation (BMC) has declared 499 buildings dilapidated. (Kunal Patil/HT Photo)

Anand Niwas is among the 23 buildings, most in the western suburbs, that will be demolished, after the Bombay high court in July dismissed petitions of tenants and directed the civic body to vacate it. Most of the structures, which HT visited, were found to be in dilapidated condition, with tenants highlighting how disputes among multiple landlords and landlords’ refusal to repairs have worsened the condition.

Currently, the Brihanmumbai Municipal Corporation (BMC) has declared 499 buildings dilapidated.

The BMC’s legal department has sent out a list of 23 buildings, stating that in these cases, the HC has dismissed the petitions and vacated the ad-interim orders (matters in which the court stayed eviction till the matter is dismissed). The list is likely to increase as the court has been hearing the matters pertaining to C1 category buildings (dilapidated buildings that need to be demolished immediately) on a daily basis.

RESIDENTS SPEAK

With the court ruling in favor of the civic body, tenants say they have lost all hope now. Wasim Khan, who has been living in Sayyad Mazil at Jogeshwari west since 1996, said: “The building was constructed in 1967 and it is an RCC structure, which does not collapse. It is only after the Dongri building collapse in July that the court dismissed the petitions in a lot. The building that collapsed was not an RCC structure. It was built on load-bearing columns. We believe our structure would stand tall for another 15-20 years.”

Residents at Smit Deep in Juhu, which is yet another such case, say the building is strong, except for the second floor, which belongs to the landlord. Nandkumar Talreja, who lives on the first floor, said the BMC pasted the notice on August 6 and the tenants will now try to meet civic officials. Shashikant Patel shows the structural audit report of the building, which was carried out by a third party in 2015, and states that the building is repairable. He said, “We have been living here since 1965. The audit report mentions the building is repairable, there is not a single crack from inside and water also does not seep through the ceiling.”

He said all tenants in the building also gave an undertaking claiming responsibility in case the building collapses. Landlady Smita Kapadia said the court has already given its verdict and refused to comment any further.

Prashant Gaikwad, assistant commissioner of K West ward, said, “We will start vacating the building by following the due process, which will start with disconnecting water and light connection. After that we will wait for seven days. If the tenants refuse, we will direct the police to evict the building. The BMC will then demolish the building and the landlord will have to pay the demolition charges.”

Anand Niwas resident Abraham Samson at Khar West said, “Civic employees came to our house on Wednesday and measured the rooms. We will get the report soon, but what is the use now. The landlord is not cooperating. Balconies on the second and third floor collapsed a few years ago.”

Another resident PP Lutharia said, “There are commercial establishments on the first floor which the landlord had leased to earn money. After the HC order, water supply has been cut for the past two weeks.”

OFFICIALS SPEAK

Sharad Ughade, assistant commissioner of H west ward, said, “We will start by disconnecting water and light supply and then vacate the buildings. If need be we will have to take help from police.” An officer from the legal department said, “It has been observed that in most cases pertaining to C1 category buildings, the matter is pending in court and the civic body is not able to take action. The court is now of the view that if the civic body has declared a building as dilapidated based on tests then the building needs to be vacated. A civic officer from the legal department said, “The bench was of the view that life is most precious and whatever disputes the tenants or the landlord have it has to be resolved outside the building.”

Another case in point is Ramji Raja Chawl located at Old Khar, which has only commercial establishments, and Happy Home near Vakola market, which has only residential structures. Explaining the situation Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association, said, “The current situation for such buildings which follow the pagadi system (a kind of permanent tenancy) is that tenants pay a nominal rent ranging from ₹200-300 a month and that the landlord is not interested in repairing the building, as it does not provide any income, tenants are also not willing to leave because of the nominal rent. Right now, Maharashtra government is working on bringing in two bills, which mention a deadline of one year for the landlord to commence the redevelopment work. If he fails, MHADA would take over the building, appoint a contractor and redevelop the building. MHADA also promises to pay two years of advance rent to tenants which will smoothen the process. MHADA can use the extra FSI to provide affordable houses.”