The court emphasized the importance of preserving the authenticity of historic buildings and the need for legal measures to ensure safety and stability.

JUDGMENT :

KRISHNA MURARI, J.

Leave granted.

2. The instant appeal has been filed assailing the judgment and final order dated 16.10.2019, passed by the High Court of Judicature at Bombay (hereinafter referred to as “High Court”) in Writ Petition No. 2190/2015, whereby the High Court dismissed the writ petition filed by the Appellants challenging the Demolition Notice dated 19.01.2015 issued under Section 354 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “MMC Act”) and eviction notice dated 21.02.2015.

3. Brief facts necessary for the disposal of this appeal are as under:

3.1 The dispute is in respect of Flat No. 9 situated in a Co-operative Housing Society, namely, Vasudha Co-operative Housing Society Limited Plot No. D-2/403 Diamond Garden, 7th Cross Road, Chembur, Mumbai.

3.2 Late Shri Ratilal S. Pujara, husband of the appellant no. 1 and father of the appellants no. 2 and 3 was the owner member of said flat. He executed a will in favour of three appellants on the basis of which they were declared as legal heirs by virtue of letter of administration dated 30.04.2014, issued by High Court of Bombay. Admittedly, the building was constructed in 1967 and is about 55 years old.

3.3 As per the provisions of Section 353(B) of the MMC Act, it is obligatory on the part of the owner and occupier of the building which is in existence and is in use for more than 30 years, to have it inspected through the registered structural engineer with Municipal Corporation of Greater Mumbai. Since the Building in question had completed 55 years of its existence, a structural audit was conducted on 22.07.2014 by a registered structural engineer. The same was submitted to the Respondent No. 2. The Building in question had been categorised as C-1 i.e., the most dangerous, in the structural audit report dated 29.07.2014. Further, the building in question was again inspected on 06.12.2014 by the Respondents and it was observed that the structure was in a dangerous and dilapidated condition. The inspection report and the structural audit report were put up by Respondent No. 2 requesting Respondent No. 3 to opine regarding the structure category. Vide opinion dated 15.12.2014, Respondent No. 3 declared that the building in question is of C-1 category and required to be pulled down after being vacated by the occupants.

3.4 In view of the aforesaid factual position with respect to the condition of the building, Respondent No. 4 society entered into a Re-development agreement dated 19.12.2014 with the Respondent No. 5, Harita Developers. A draft copy of the said agreement was circulated among the members of the society and at a special general body meeting on 10.11.2014, the Redevelopment agreement was approved and subsequently, the same was duly registered on 22.12.2014. Thereafter, all the occupants of the flats in the building were put to notice for demolition of the existing building and to vacate the flats in their occupation.

3.5 Similar notice dated 19.01.2015 under Section 354 of 1988 Act was also issued to the Respondent No. 4 for demolishing the existing building. An eviction notice dated 21.02.2015 was also issued to the appellants for eviction from Flat No. 9, occupied by them.

3.6 Being aggrieved, the appellants filed Writ Petition No. 2190/2015 before the High Court challenging the two notices issued by the Municipal Corporation of Greater Mumbai. Vide judgment and order dated 16.10.2019, the High Court upon detail consideration of the facts and evidence on record came to conclusion that the building in which the disputed flat exists is ruinous, dilapidated and dangerous and unfit for human dwelling and also dangerous for the passersby. The High Court accordingly refused to set aside the two notices dated 19.01.2015 and 21.02.2015 issued by the Respondent No. 1 and dismissed the writ petition.

4. Challenging the judgment o