High Court on its own motion (In the matter of Jilani Building at Bhiwandi) vs Bhiwandi Nizampur Municipal Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 137

DIPANKAR DATTA, G.S.KULKARNI
High Court on its own motion (In the matter of Jilani Building at Bhiwandi) – Appellant
Versus
Bhiwandi Nizampur Municipal Corporation – Respondent

Advocate Appeared:
For the Appellant :Mr. Sharan Jagtiani, Mr. Rohan Surve, Mr. Mutahhar Khan, Mr.Priyank Kapadia, Ms.Shradhha Achliya and Mr.Siddharth Joshi Advocates.
For the Respondent:Mr. Aspi Chinoy, Mr. A.Y.Sakhare-Senior Advocate Mr. Joel Carlos, Mr. Om Suryavanshi, Mr. Rohan Mirpury, Ms. Trupti Puranik and Mr. Santosh Parad i/b. Aruna Savla, Mr. R. S. Apte, Senior Advocate a/w Mr. N.S. Bobade i/by Mr. M.J. Bhatt, Mr. R.S. Apte, i/by Mr. Mandar Limaye, Ms. Swati Sagvekar, Mr. Vijay D. Patil, Mr. A.A. Kumbhakoni, Mr. P. P. Kakade, Mr. B.V.Samant, Ms. G.R.Golatkar, Mr. Manoj Badgujar, Mr. Sandip Marne, Mr. Nitin V. Gangal a/w Mr. Ashok D. Kadam and Ms. Prerana Shukla, Ms. Kavita N. Salunke a/w Mr. Mayank Mishra and Mallika Pujari, Mr. P. G. Lad, Mr. Sanjog Kabre, Mr.Kundan Valvi, Mr. Deepak Sharma-Asstt. Engineer (P/N)

JUDGMENT :

G.S.Kulkarni, J.

Prelude

1. Alarmed and deeply pained by incidents of collapse of buildings resulting in loss of lives, we had initiated this suo motu PIL on September 24, 2020. The incident then was a collapse of a building known as “Jilani Building” at Bhiwandi, taking away 38 lives. Added to this incident, was an incident of collapse of another structure on 9 June, 2021, this time being a slum structure situated at “Malwani Slums” in which 12 persons lost their lives. The situation is such that different categories of structures, either private or in slums, old or comparatively recent, are vulnerable to a collapse posing constant threat to the lives of innocent people. The past incidents have shown a spree of human lives being lost which has continued unabated. Being confronted with such collapse, by our order dated June 11, 2021 we appointed a commission headed by Justice Mr. J.P. Devdhar (Retd.) to make a report on the questions as set out in our order, to be submitted to this court. We ponder as to how long this unending cycle of sustaining buildings in ruinous state, un

Click Here to Read the rest of this document

2022 Supreme(Bom) 137

DIPANKAR DATTA, G.S.KULKARNIHigh Court on its own motion (In the matter of Jilani Building at Bhiwandi) – AppellantVersusBhiwandi Nizampur Municipal Corporation – Respondent

Cases Referred (7)

DIPANKAR DATTA, G.S.KULKARNI
High Court on its own motion (In the matter of Jilani Building at Bhiwandi) – Appellant
Versus
Bhiwandi Nizampur Municipal Corporation – Respondent