The main legal point established in the judgment is the importance of transparency in the decision-making process and the rights of occupants and tenants in cases involving the structural condition of buildings.

JUDGMENT :

GS Patel, J.

1. This Writ Petition, under Article 226 of the Constitution of India, is filed by 25 entities and persons, all of whom occupy various units in a commercial property called the Suryodaya Estate, at Tardeo Road, Mumbai. There are two buildings on the property. The owner of this land and the buildings is the 7th Respondent, Rubberwala & Neo Venture (“R&NV”; “the Owners”), a partnership firm.

2. The dispute is of the familiar kind. It relates to the structural condition of the two buildings. R&NV maintains that both buildings are utterly dilapidated. Both buildings are ground and two floor structures. About the age of the buildings there seems to be no controversy — there is some material to indicate that they are about 100 years old. The Petitioners maintain that the building is not so dilapidated that it needs to be brought down. They say on the strength of a structural report that they have obtained that the building can be repaired.

3. The challenge is to a notice dated 17th March 2022 (Exhibit “G”, pages 65 to 66). This was sent by the Municipal Corporation of Greater Mumbai (“MCGM”) to the Owners. It followed a notice under Section 353B of the Mumbai Municipal Corporation Act 1888 (“the MMC Act”), dated 26th April 2021. By the Section 353B notice, the MCGM asked the Owners to carry out a structural audit of the two buildings. The impugned notice of 17th March 2022 said that the Owners had submitted a report. So had the occupants (the Petitioners, or some of them). The two reports conflicted. Therefore, the matter was referred to the MCGM’s Technical Advisory Committee (“TAC”). The TAC considered both reports, granted a hearing and concluded that the buildings were dilapidated and needed to be pulled down. The buildings were classified as C-1 (dangerous, dilapidated and needing demolition). The MCGM therefore asked the Owners to submit an area statement, and, pending this, to take all necessary precautions to avert a collapse. The Petition also assails the TAC report of 5th January 2022 (Exhibit “F”, pages 59 to 64).

4. We are told that a notice under Section 354 has since been issued.

5. For convenient reference, we reproduce Sections 353B, 354 and 354AB of the MMC Act:

353B. Structural Stability Certificate.

(1) Every owner or occupier of a building in respect of which a period of thirty years, from the date of,—

(i) issue of its completion certificate by the Corporation; or

(ii) issue of permission to occupy a building under section 353A; or

(iii) its physical occupation of at least 50 per cent, of its builtup area,

whichever is earlier, has expired, shall cause such building to be examined by a Structural Engineer registered with the Corporation for the purposes of certifying that the building is fit for human habitation (such certificate hereinafter referred to as “the Structural Stability Certificate”). The Structural Stability Certificate issued by such Structural Engineer shall be submitted to the Commissioner.

(2) The Structural Stability Certificate shall be submitted within one year from the expiry of a period of thirty years referred to in sub-section (1), and every ten years thereafter or such earlier period as the Commissioner may determine having regard to the condition of the building and the corrective repairs carried out by the owner or occupier.

(3) Notwithstanding anything contained in sub-section (1), the Commissioner may, at any time, after having recorded the reasons, in writing, direct the owner or occupier of a building, to cause such building to be examined by such Structural Engineer and to submit to the Commissioner, the Structural Stability Certificate, as required under sub-section (1), within the period not exceeding thirty days as specified by the Commissioner, in such direction.

(4) If the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to t