Shashwati Chowdhury
Published on: July 15, 2022 at 17:339 IST
On Thursday, the Bombay High Court criticized the state government for ordering civic bodies not to tear down unauthorized structures during the monsoon season, despite the fact that a Mumbra building that was about to be demolished had sought relief based on this order.
“We want you to live. We don’t want you to die because of building collapses,” stated Chief Justice DipankarDatta and Justice MakarandKarnik.
At the same time, counsel Suhas Oak for the Farida Mansion, an illegal building, urged the court to take their case on “humanitarian grounds.”
The building collapse in April 2014 at Mumbra’s Lucky Compound, which left about 80 people dead, was the issue of a PIL filed in 2021 by three people. Nine buildings in wards 29 and 33 that were erected on private property without sanction were mentioned in the PIL. The Thane Municipal Corporation was ordered by the High Court last year to submit a report on illegal buildings, which it did on January 5.
TMC’s senior advocate Ram Apte said that it had sent out demolition notices and cut off the water and electricity. But, he said, some of the occupants had refused leaving the buildings.
Why is there no demolition in the monsoon? Monsoon season is more risky. The CJ questioned, “What is the logic? I new to Mumbai. How many collapses for which in suomotunoticewas taken, he added?. The Oak said the GR, was issued for humanitarian grounds. The CJ questioned, “you will put executive order on a higher pedestal than judicial order?”
Oak said, “90% of the buildings in Mumbra are illegal, but just these nine are being targeted, and 200 buildings are still being built right now without approved designs.” Let’s start somewhere, the CJ remarked, adding that after dealing with nine buildings, they will enlarge the PIL’s purview to include further unauthorised buildings, said Oak. There are small kids present (residing in the buildings). We don’t oppose to demolition. Some time maybe given. The judges then asked as to whether the residents would sign undertakings to vacate by August 31. The judges have granted him until Monday to get details about all families. TMC won’t take any coercive action till then.
