Bombay HC restrains all civic bodies from carrying out demolitions till March 31 amid coronavirus outbreak

In light of the unabated spread of coronavirus and to prevent aggrieved persons from rushing to courts, the Bombay high court (HC) directed all municipal commissioners

In light of the unabated spread of coronavirus and to prevent aggrieved persons from rushing to courts, the Bombay high court (HC) directed all municipal commissioners to issue a directive to their respective civic officials to refrain from carrying out any demolition, eviction or auction of properties till March 31. However, civic bodies are allowed to approach the court in case any urgent action needs to be initiated against structures.

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A division bench of justice SJ Kathawalla and justice RI Chagla, while hearing a writ petition filed by Al Fateh Cooperative Housing Society Limited located in E-ward, was informed by advocate Vishal Kanade through a praecipe that the Brihanmumbai Municipal Corporation (BMC) had issued a demolition notice on March 16 to raze the structure forthwith. Hence, the society was seeking a stay on the notice as they had initiated regularisation proceedings.

A number of such praecipes were also submitted in the court seeking similar restraining orders from various municipal corporations.

After perusing the praecipes, the court, without asking the lawyers of the civic bodies for a reply, stayed all demolitions, evictions and auctions of buildings till March 31.

The bench observed, “In view of the current situation created by the global pandemic – coronavirus (Covid-19), the courts are taking up only urgent matters between 12.00 noon and 2.00 pm. The courts are also trying to ensure that even during these two hours, the court rooms should not be over-crowded and only individuals whose presence is absolutely necessary in their respective matters, should be allowed to be present in the court rooms.”

The bench further said that as most of the urgent matters before them were related to seeking restraint orders against the municipal corporations from carrying out demolition, eviction and holding auctions of attached properties, the court was suggesting all municipal commissioners “to consider issuing a general directive to not demolish, evict and/or hold auctions of attached properties for a specified period with a caveat that if the corporations in some extra ordinary cases, for compelling reasons are required to do so, they shall be at liberty to move the appropriate courts and obtain necessary orders.”

The bench then directed all advocates to give hand delivery of the order to their respective civic bodies and posted the matter for hearing on March 31.