HC reacts to city’s spate of mishaps, rejects tenants’ plea seeking stay on demolition notice

The Bombay High Court has reacted to the spate of mishaps and incidents that have rocked the city since the onset of this year’s monsoon. It has accordingly rejected a plea filed by some tenants of a ‘dilapidated’ building seeking a stay on the demolition notice issued to them.

A single-judge bench of Justice VM Deshpande turned down the plea filed by tenants of a 60-year-old Kanhaiya Bhavan building situated in Borivli. The three-storey building was declared to be dilapidated by the Brihanmumbai Municipal Corporation (BMC) in March this year, after which it served a demolition notice to the tenants.

The bench was seized with a civil application filed by the tenants challenging the orders of a Civil Court in Borivli, which refused to stay the demolition notice, last month.

Justice Deshpande said, “I see no reason to grant any relief since the building is not safe and continuance of the said building in the present state is dangerous. I believe this building is not only dangerous for the life of tenants themselves but also it will be unsafe to passersby.”

“Further, there is always possibility of mishap during this monsoon therefore, the prayer is rejected,” Justice Deshpande added.

The judge while dismissing the plea also considered the audit report of the Technical Advisory Committee (TAC) of BMC, which asked tenants to vacate the premises as it was not ‘safe’ for human inhabitation.

The tenants, however, challenged the audit report and instead argued that their building only requires a few repairs.

“The TAC consists of technical persons, who are experts. The court cannot substitute its view in place of the opinion given by technical experts. Since the TAC in clear terms has expressed its opinion about the status of the building, therefore, in my view no case is made out for interference to the order passed by the civil court. Consequently, I dismiss this appeal,” Justice Deshpande said.