Wadala wall collapse: HC suggests inspection by experts
Dosti Blossom residents move court seeking stay of construction work on adjoining plot
The residents of Wadala-based Dosti Blossom society on Friday moved the Bombay High Court seeking stay on the ongoing construction at the adjoining plot, part of which caved in earlier this week. The residents have highlighted the ‘damage’ to their apartments because the sudden collapse of a wall due to the construction work on the adjoining plot.
A division bench of Justices Abhay Oka and Riyaz Chagla however suggested appointing an expert, who can be asked to inspect the site in question and file a report on remedial measures. “Given the urgency of the matter, we deem it fit to appoint an expert committee. Let the committee inspect the site and file its report spelling out the remedial measures to be undertaken. We believe this would be in the interest of all the parties,” Justice Oka said.
This comes in response to the submissions of senior counsel Atul Damle, who appeared on behalf of the residents of Dosti Blossom society. He accused the developer of the adjoining plot of carrying out construction work despite a ‘stop work’ notice served upon him, by the civic body, way back in November 2017. Damle, also told the judges that last year, a sessions court had appointed a court commissioner to inspect the site and give his report but the same was submitted only post the incident of June 25, when the boundary wall collapsed and several cars got buried under the huge debris.
When asked, the BMC through senior counsel Anil Sakhre said it has considered the court commissioner’s report on the remedial measures. He further said the civic body has allowed only remedial work of backfilling and concretization of the caved in portion. “But how can you rely on his report given the fact that he filed it only after the incident. Why are you taking his words as the gospel of truth?” Justice Oka asked.
The bench accordingly, directed all the parties to approach architects and other experts from the IIT-Bombay and the VJTI, so that one of them can be given the task to inspect the site. The matter will be heard on Saturday.