BMC allowing families to occupy dilapidated structures unacceptable: HC

Allowing families to occupy a dangerous structure that also poses a risk to the public at large is completely unacceptable, the Bombay high court observed on Tuesday.

Allowing families to occupy a dangerous structure that also poses a risk to the public at large is completely unacceptable, the Bombay high court observed on Tuesday. The court asked for an explanation from Brihanmumbai Municipal Corporation (BMC) and Maharashtra Housing and Area Development Authority (Mhada) for their failure to evict eight families from a dilapidated building at Bhendi Bazaar.

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“I am wholly unable to understand why the MCGM (Municipal Corporation of Greater Mumbai) and MHADA, both statutory authorities, and both armed with sufficient statutory powers, have not proceeded to take action, not only for removal of the occupants but also for the demolition of the building,” said justice Gautam Patel.

The judge was annoyed by the inaction on part of the authorities, especially when they had ample power to do the needful. “It hardly needs to be reiterated that under the MMC (Mumbai Municipal Corporation) Act, BMC has the power to forcibly demolish a dilapidated building and under the Mhada Act there are enough powers to remove occupants or tenants,” said the judge.

The court was hearing a petition filed by Saifee Burhani Upliftment Trust, which has undertaken a massive cluster redevelopment project at Bhendi Bazaar. It moved the high court after BMC issued a notice threatening to take punitive action against the Trust if it failed to evict occupants of Haji Ismail Musafirkhana, as according to the civic body, the building was extremely dilapidated and imminent danger of collapse.

The Trust sought a declaration that it will not be liable or responsible in the event of any mishap relating to the building.

MHADA’s counsel responded to the petition pointing out that one of the occupants had obtained a status quo order from a civil court and assured the court that action will be taken to evict remaining seven families as soon as lockdown is lifted.

Justice Patel, however, felt that with approaching monsoon there was real urgency, and directed BMC and MHADA to file explanatory affidavits by June 12, when the petition is posted for further hearing.