Adv. R.
P. Rathod., explicates that on Monday Dt. 30th January 2012 the Bombay High Court said to Mhada
that “Unauthorized
constructions should not be repaired”
A division bench of Justice Sharad Bobde and Justice Ramesh D. Dhanuka was hearing a petition filed by Shobha V. Koli who resides in Building No. 9, stating that the building had collapsed
in 2010 and the landlord had managed
to get work orders
from Brihanmumbai
Municipal Corporation for its Repairs.
The dilapidated structure is situated at 5th Cross Lane, Falkland Road.
This area was, formerly known as Pandu Maharaj Chawl, is now run by a trust headed by Niyas Ahmed Peerzada. Koli’s Writ Petition said it was Peerzada’s unauthorized construction of two additional
rooms on an loft that triggered
the collapse. She said that after the collapse,
all tenants were issued eviction orders, saying the remaining structures were dilapidated and may collapse any time.
Her petition alleged that the BMC and its Assistant
Municipal Commissioner (D-ward) colluded with Peerzada to give work orders to repair the dilapidated buildings, not only Building No. 9, but also nos. 355/ 371. She also alleged that Maharashtra Housing and Area Development Authority
(Mhada) and the Mumbai
Buildings Repairs and Reconstruction
Board are “covering the illegality” by putting
forward proposals for repairs. Her advocate
said that the unauthorized constructions have even blocked the House gullies, and ingress and outgress
is prevented. Even BMC
did not conduct a proper
inquiry before issuing work
orders.
Justice Bobde asked Mhada advocate P G Lad. “You are planning
to authorize this?”, “You don’t have to repair unauthorized structures,” he added. Reacting on this Adv. Lad said Mhada
had merely given its No objection certificate for the repairs
as it is a cessed building.
“If the contractor violates the conditions
of repairs, it is the responsibility
of the BMC
to demolish it,” he added.
Adv. R.
P. Rathod. says that the judges
have directed the
BMC to file its affidavit
to verify its position
in respect to these structures. Adjourning
the matter to 13th February 2012, they
directed a “status quo as regards status of structures”.
Copy of the Order
passed in the said matter
is as under.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Mrs.
Shobha Venugopal Koli ..
Petitioner
Vs.
Municipal
Corporation of Gr. Bombay
and
ors. .. Respondents
Mr.
A.R. Pandey i/by Mehul Rathod for
petitioner.
Ms.
Komal Punjabi for BMC.
Mr. P.
G. Lad, AGP for respondent no.3.
Mr. M.
K. Jain i/by M/s. M. K. Jain and Associates for respondent no.6.
Mr.
Rajiv Mane, AGP for respondent no.7.
Mr.
A.I. Patel for respondent no.8.
CORAM: S. A. BOBDE &
R. D. DHANUKA, JJ.
JANUARY 30,
2012.
P.C.
Mr. Patel, the learned counsel for
respondent No. 8, seeks time to file reply.
Stand over to 13/2/2012.
In the meanwhile there shall be status quo as regards the status of the
structures.
(R. D. DHANUKA,J.) (S.
A. BOBDE, J.)
- Courtesy Adv. R. P. Rathod.
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