Mumbai: Bombay High Court has dismissed a petition challenging BMC’s notice for demolition of 53-year-old Vijay Industrial Estate building in Goregaon East and, considering its precarious condition, directed seven owners/occupants of galas to vacate it within three weeks.
A bench led by Chief Justice M C Tripathi took judicial notice of various media reports on the collapse of many old structures in Mumbai causing serious loss of human lives and limbs. It said accepting petitioners’ case would not only be tantamount to putting the life of the owners/occupants and other residents in jeopardy, “but also pose an imminent danger to safety of the public as well.”
The petitioners challenged BMC’s Sept 3 notice and urged HC to quash and set aside the C1 (dangerous) classification. They contended the building is repairable and BMC’s notice was based on a structural audit report, obtained by the cooperative society. Also, as there was no independent assessment, the matter should be sent to BMC’s technical advisory committee.
HC then appointed a court commissioner whose “report is in consonance with the audit report.” The petitioners “did not bring on record any justifiable reason or circumstances” to disregard both reports.
