IMPORTANT POINT
The TAC's expert opinion on technical structural engineering matters is not amenable to judicial review unless there is a procedural irregularity or violation of natural justice. Property owners have rights in redevelopment that cannot be restricted by tenants.

JUDGMENT :

(G.S. Patel, J.) :

1. This Petition is tagged with Writ Petition No 6923 of 2021. Both have different considerations and therefore we will not make a common order.

2. There is an ad interim order of 7th December 2021. It stated that the chawl, that is the subject matter of the Petition, would not be demolished until the next date. It was made clear that the Petitioners would reside in the chawl at their own risk, and they alone would be reasonable for any mishap.

3. Having heard parties fully today, we believe that on any rational approach, this Petition is thoroughly misconceived. The chawl in question is located at 115 Chavindra, Bhiwandi. Respondents Nos 4 to 7 are said to be the owners of the structure. The six Petitioners claimed to be tenants of the structure.

4. The dispute is essentially in regard to the structural stability of the building. The submission is that there is an order of 27th July 2021 of the Technical Advisory Committee (“TAC”) constituted by the Bhiwandi Nizampur City Municipal Corporation (“BNCMC”) which is faulty and which we should substitute with our own finding. The TAC report says the building is dilapidated and dangerous, in the C-1 category, and ought to be pulled down. The Petitioners say it can and should be repaired. We are asked to reverse the expert opinion of the TAC and substitute it with our own view that the Petitioners’ consultants’ report — that it can be repaired — should be preferred.

5. We are doing no such thing. We cannot do any such thing.

6. This line of argument, that reports of the TAC are amenable to judicial review on merits, and that a writ court will substitute its view on technical matters, is now wearying. The time has come to give it the burial it deserves, twenty fathoms deep.

7. By way of background, the entire conceptualization of the TAC began with an interim order dated 23rd June 2014 by a Division Bench of this Court in Writ Petition (L) No 1135 of 2014 (later finally numbered as Writ Petition No 1080 of 2015), Municipal Corporation of Greater Mumbai v State of Maharashtra & Ors. There, a Division Bench of this Court made an interim order on 23rd June 2014 on a case presented to it that buildings that were otherwise structurally sound, or at best required repairs, were being declared as structurally unsafe, unfit for human habitation, ruinous and dangerous and were being ordered to be pulled down. The allegation was that this was done at the instance of rapacious landlords and property owners with the active connivance of municipal officials. The Court therefore, framed a series of guidelines by its order dated 23rd June 2014. The interim order framed these guidelines:

9. Accordingly, for the present, in the absence of any policy in that behalf, the following guidelines are issued:-

a) The present order will be applicable only in respect of those buildings which are highly dilapidated and dangerous and/or classified in Category C-1 by the Corporation, whether owned by a private party or by the Corporation or any other authority and in respect of which building, either a notice under section 354 has been issued or the Corporation has issued a Letter of Evacuation to their tenants and/or occupiers of the buildings.

b) The Corporation will, before classifying a building under category C-1, conduct their own independent inspection and assessment with the help of the Engineers of their Department and carry out a survey of such building(s). The report of Structural Audit shall be taken into account.

c) The Corporation shall consider the report of Structural Engineer appointed by the owners and/or occupants classifying the building as dilapidated and dangerous. If the owners and/or the occupants bring conflicting reports on the status of the building, the Corporation shall refer the matter to Technical Advisory Committee (TAC) under the Chairmanship of Director (ES & P) with at least 3 other members, viz. City Engineer, Chief Engineer (DP) and Chief Engineer (P & D).

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