The duty of the Municipal Corporation to ensure safety and the limitations of the court's jurisdiction in deciding technical matters.

JUDGMENT :

1. The Petitioners are challenging the notices issued under Section 354 of the Mumbai Municipal Corporation Act 1888 (“MMC Act”).

2. Since a number of Petitions were pending in this Court involving similar challenge but finding that pendency of these Petitions and the interim orders passed therein would not be conducive to the protection/safety of the inhabitants, as also the larger public interest being seriously affected by the pendency of these petitions, the Municipal Advocates were called upon to furnish list of all pending matters including interim orders therein.

3. The present petition is one such petition.

4. The challenge is to the 354 notice but we must reproduce the copy of the notice annexed as Exhibit “A” to the Petition. That reads as under:

“BRIHANMUMBAI MAHANAGARPALIKA ACP/S/B-46/SR-335/A.E.(B&F) – I, Dtd.: 08/08/2017

To,

The Owner/Landlord,

(1) Shri. Ramnarayan Nathuprasad Pande,

(2) Shri. Umashankar Nathuprasad Pande,

(3) Shri shivprakash Nathuprasad Pande,

(4) Shri. Keshav Durgaprasad Pande,

(5) Smt. Kusumlata Suryakant Pande, Sukh Sadan Building, Gogatewadi, Opp. Sanmitra Mandal Vidya Mandir School, Of. Aarey Road, Goregaon (E), Mumbai – 400 063.

Sub.:Technical Advisory Committee (TAC) Meeting was held in the chamber of Directo (E.S. & P.) on 13/07/2017 @ 5:15 p.m. regarding dangerous and dilapidated condition of the building known as ‘Sukh Sadan Building’, Gogatewadi, Opp. Sanmitra Mandal Vidya Mandir School, Of. Aarey Road, Goregaon (E), Mumbai – 400 063.

Ref.:(1) Notice under section 354 of MMC Act, 1888 under No. ACPS/BF-46/354/453/AE (B&F) of 2014-15, dtd. 13/05/2014.

(2) W.P. No. 1375 of 2015 order dated 30/06/2016.

(3) No. DIR/ES&P/153/Conf. dt.29/07/2017.

Gentleman/Madam,

You are aware that your building “Sukh Sadan Building”, Gogatewadi, Opp. Sanmitra Mandal Vidya Mandir School, Of. Aarey Road, Goregaon (E), Mumbai – 400 063 is declared dilapidated and dangerous (C-1 Category) by M.C.G.M. Notice under Section 354 of MMC Act, 1888 under No. ACPS/BF-46/354/453/AE(B&F) of 2014-15, dtd. 13/05/2014 is already issued and yhou were directed to evacuate the building immediately. As per Hon’ble Court order dated 30/06/2016, the said matter was referred to T.A.C. As per T.A.C. opinion the said building known as ‘Sukh Sadan’ is in severely dilapidated condition may collapse without giving any warning, thereby endangering the life and property of the residents and the people residing in the adjoining property and passerby. Hence, the structure under reference is not habitable and need to be vacated and demolished immediately under the supervision of Structural Consultant.

You are therefore directed to vacate and pull down the above mentioned building within 48 Hours from receipt of this letter, failing which this office will demolished the said building on 11/08/2017 or thereafter at your risk and cost and evacuating tenants/occupants/owners forcefully with help of Police force, which may please be noted.

Sd/- 8/8/17

Assttt. Commissioner, P/South”

5. The subject of the notice is that the Technical Advisory Committee (“TAC”) met and discussed the issue of the dangerous and dilapidated condition of the building known as ‘Sukh Sadan’, Gogatewadi, Opposite Sanmitra Mandal Vidya Mandir School, Of Aarey Road, Goregaon (East), Mumbai 400 063. It is common ground that the occupants of this building were in receipt of a prior notice under identical provision and that is dated 13th May 2014. Thereafter, there is an order of this Court of 30th June 2016 in Writ Petition No. 1375 of 2015. Pursuant to the same there was a communication dated 29th July 2017.

6. After the above material was considered, the Assistant Commissioner, P/South Ward, who has been delegated the power by the Municipal Commissioner, opined that this building is not capable of being repaired and that, despite this, it continued to be occupied for number of years thereafter. This is a building which is in a highly dilapidated condition. It may collapse without giv