HC refuses to let families stay in dilapidated building

Observing that three dilapidated buildings have collapsed in the last week in Mumbai, resulting in the loss of 12 lives, the Bombay high court on Tuesday refused

Observing that three dilapidated buildings have collapsed in the last week in Mumbai, resulting in the loss of 12 lives, the Bombay high court on Tuesday refused to grant any relief to two families who wanted to continue occupying a crumbling building in Juhu.

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The division bench of justice SJ Kathawalla and justice Riyaz Chagla dismissed the petition filed by the two families challenging the action of the Brihanmumbai Municipal Corporation (BMC) to disconnect the water and electricity supply to the dilapidated building.

The families had filed the petition through their society, Nav Chetana Co-operative Housing Society. According to the petition, in August 2019, after noticing that the structure had become weak the civic body had issued a notice calling upon the society to undertake a structural audit of the building and submit a report of a qualified structural engineer certifying that the building was structurally sound and fit for human habitation.

As the society failed to submit a structural audit report, BMC on September 7, 2019, issued another notice informing the society that the building was in a ruinous condition and was likely to fall. The society was also called upon to take steps to secure the structure building undertaking necessary repairs and put up adequate support, and also put up boards to warn passersby that the building was dangerous.

In response to the notices issued by BMC, the society on January 8, 2020, submitted a statement of a consulting engineer stating that necessary propping work in the stilt and balcony area was done under his guidance and that the building was fit for human habitation for next six months.

The bench, however, noticed that the period of six months, as mentioned in the engineer’s report was over. Besides, the judges also noted that six of the total eight families residing in the building had vacated their respective premises, and only the two families before the court had not vacated their premises despite several requests and warnings as regards the ruinous and dilapidated condition of the building.

In this backdrop, the bench said that the BMC was left with no other alternative but to disconnect water and electricity supply to the building. The two families had challenged the civic action on the ground that it was arbitrary, the court, however, found that it was “not only not arbitrary but was in the interest of the petitioners and the members of the general public.”

HC said about a week back during the heavy downpour three dilapidated buildings collapsed in the city, resulting in 12 casualties and injuries to several persons. “We cannot allow the same to be repeated in the present case, only because two of the eight members are adamant and are not wanting to vacate their flats to enable the building to be repaired or reconstructed.”

Meanwhile, in a similar petition, the same bench on Friday refused to grant any relief to the occupants of a dilapidated building at Dahisar and directed the 80 families residing there to vacate their respective flats in four weeks. HC granted two additional weeks to a family, whose five members are infected by Covid-19.

Members of the Dahisar society had moved HC in June 2020 after BMC threatened to disconnect their water and electricity supply, as the building was dilapidated and was likely to collapse.