HC refuses to allow 2 eateries to operate in dilapidated Sobo bldg

MUMBAI: The Bombay high court (HC) on Wednesday refused to let two eateries run their businesses from a dilapidated building, which partially collapsed in 2018 monsoon, in Fort.

A division bench of justices SJ Kathawalla and BP Colabawalla rejected separate pleas of Juice Centre and Apoorva Restaurant and Bar, which sought directions to the Brihanmumbai Municipal Corporation (BMC) to renew their respective licences, which expired in December 2019.

The court rejected the pleas after noticing that BMC’S technical advisory committee had in May 2019 concluded that the building, Noble Chamber, on Janmabhoomi Marg in Fort, was dilapidated and may collapse, thereby endangering the life and property of residents.

TAC had categorised the building in the C-1 category — dangerous or uninhabitable structures which need to be demolished.

The establishments had stated in their pleas that they will file an undertaking, stating they can continue to run their business in the dilapidated structure at their own risk. However, the high court bench also rejected this plea and said, “In view of the TAC committee report we cannot allow them to continue their businesses in a building, which according to the TAC report is in a completely dilapidated condition and likely to collapse, that too without a license. The petitioners are also not entitled to give any undertaking on behalf of the innocent patrons/consumers who will use the said premises without knowing the background.”