The Court held that the TAC was not required to carry out non-destructive tests in the case of a load-bearing structure and that the TAC had considered all the relevant factors before classifying the building as C-1 category.

JUDGMENT :

R.D. DHANUKA, J.

1. The petitioners in Writ Petition (L) No. 13705 of 2022 filed under Article 226 of the Constitution of India, have prayed for a writ of certiorari for quashing and setting aside letter dated 4th April, 2022 issued by the respondent no. 4 Designated Officer and Executive Engineer under section 354 of the Mumbai Municipal Corporation Act read with section 489 of the said Act to the trust/owner/landlord of the Building No. 225, C.S. No. 2179 of Bhuleshwar Division, Junction of J.S.S. Road & B.J.Marg, Thakurdwar, Mumbai – 400 002 calling upon them to vacate and pull down the structure/building. The said letter also called upon the petitioners to prevent all cause of danger therefrom with a threat of prosecution under section 475-A of the said Act in case of non compliance of the said notice within 30 days from the date of service of the said notice and stating that the said building is in a dangerous condition, likely to fall or in any way dangerous to any person occupying, resorting to, or passing by such structure or any other structure or place in the neighbourhood thereof.

2. The petitioners also prayed for a writ of certiorari for quashing and setting aside the decision of the respondent nos. 1 to 4 to declare the said building in C-1 category and minutes of the meeting held on 14th October, 2021 of the Technical Advisory Committee.

3. The petitioner in Writ Petition (L) No. 12803 of 2022 has prayed for quashing and setting aside the notice dated 4th April, 2022 and seeks permission to inspect the first floor and take further action as required as per the report of the Structural Engineer dated 15th July, 2021.

4. By consent of parties, both the writ petitions were heard together and are being disposed off by a common order.

5. We shall first summarize the facts in Writ Petition (L) No. 13705 of 2022.

6. The respondent no. 5 is the landlord/owner of the building known as H.N. Petit Widows Home, Building No. 225, JSS Road, Thakurdwar, Mumbai – 400 002 (hereinafter referred to as the said building.) The building has ground plus five floors and is more than 100 years old. It is the case of the respondent no. 5 that the said building was used for providing hostel facilities to widows. The petitioners in this petition are claiming to be the tenants in the said building. Sometime in the year 2014, the backside of the building was repaired according to the petitioners.

7. It is the case of the respondent no. 5 that due to the dilapidated condition of the said building, the widows who were occupying the tenaments on the five upper floors, were moved to another hostel of the respondent no. 5.

8. The respondent no. 5 forwarded a copy of the Structural Audit Report prepared by a licensed structural consultant Mr. Ramkrishan Kejriwal to the respondent no. 4. As per the said report, the said building is severely damaged, is in a dilapidated condition and classified under C-1 category.

9. The respondent no. 3 vide letter dated 10th May, 2021, called upon the respondent no. 5 to submit documentary evidence and the names of the occupiers/tenants within three days from the receipt of the said letter and directed to take necessary preventive measures such as propping, barricading, etc. to prevent any untoward incident.

10. On 28th May, 2021, the respondent no. 4 called upon the petitioners stating that the respondent no. 4 was in receipt of the structural audit report of the said building and called upon them to submit their structural audit report through a licensed structural consultant within 30 days and/or submit their say in the event they had any objections to the structural audit report submitted by the respondent no. 5 through Mr. Ramkrishan Kejriwal in accordance with clause 1.04 of the guidelines issued by the Deputy Municipal Commissioner dated 25th May, 2018.

11. On 18th June, 2021, the petitioners informed the respondent no. 4 that the tenants would like to get a structural audit of the building done. It is the c