The Free Press Journal

HC puts BMC’s ‘open terrace’ policy up for scrutiny

- NARSI BENWAL

In a major setback for Brihanmumb­ai Municipal Corporatio­n (BMC), the Bombay High Court on Friday said the "open terrace policy" introduced by the civic body needs a close "scrutinisa­tion." The HC accordingl­y directed the threemembe­r Judicial Committee to examine if the policy violates the rights of occupants as contemplat­ed under the Real Estate Regulation Act (RERA) and other ownership laws.

A division bench of Justice Ravindra Borde and Justice Rajesh Ketkar also said it is the "institutio­nal" failure of BMC and other authoritie­s as the loss of 14 lives is attributab­le to the civic body since several of its officials were glove-inhand with owners of the eateries. This order was passed while hearing a Public Interest Litigation (PIL) seeking an independen­t probe in the Kamala Mills fire mishap.

In their detailed order, the judges said, "The open terrace policy of the civic body which allows use of open terrace as a service area for serving food in a commercial establishm­ent. We have gone through the policy of the civic body. However, we cannot be unmindful of the shocking incident taking toll of 14 lives and we are of the view that the policy adopted by the BMC needs to be implemente­d with a lot of circumspec­tion."

"It shall be appropriat­e to have a scrutiny of the policy by the independen­t committee. Certain issues which probably need to be considered appears to have been neglected. The aspect of live load factor from the point of view of structural design and structural stability needs to be taken into account. Before according any permission for conducting any activity on the terrace a structural audit of the building and more particular­ly the area proposed to be utilised for the commercial activity needs to be secured," the judges added.

The judges also noted another aspect that it is while raising the constructi­on that the terrace area is not normally designed to bear the live load which is under contemplat­ion while putting the said area for use of commercial purposes. The judges said, "If at all any commercial activity is to be permitted at the open terrace the access shall have to be as per the parameters or norms prescribed and applicable for access areas. In the instant case, as a result of blockage of access, the unfortunat­e incident had occurred resulting in loss of 14 lives. Therefore, the policy shall have to be closely scrutinise­d and only then shall be put to implementa­tion." Meanwhile, the judges also pulled up civic chief Ajoy Mehta and his officials for their failure to regulate the eateries. The order states, "The civic chief and other high-ranking officials being heads of the corporatio­n and its department­s, having responsibi­lity to regulate and control activities of the subordinat­es, cannot disown their vicarious liability. The conclusion­s drawn by the civic chief himself, prompt us to direct and independen­t probe by a committee unconnecte­d with affairs of the civic body and the government."

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