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G. S. PATEL, KAMAL KHATA
Andheri Purab Paschim Co-operative Housing Society Ltd. – Appellant
Versus
Municipal Corporation – Respondent
JUDGMENT/ORDER
G.S.PATEL,J. - There is a persistent attempt to misread, misconstrue and misapply the interim directions 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 23/6/2014 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 dtd. 23/6/2014. The Writ Petition was ultimately disposed of by a Division Bench of this Court (AS Oka, J, as he then was and RI Chagla, J) on 28/2/2018.2018 SCC OnLine Bom 816. By that time, the Municipal Corporation of Greater Mumbai ("MCGM") had adopted the guidelines framed by the interim order of 23/6/2014. An earlier version of these 'policy guidelines' of th
The court affirmed that the Technical Advisory Committee's assessments on structural safety are authoritative and not subject to judicial review unless there are clear procedural violations, reinforc....
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....
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 o....
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....
The main legal point established in the judgment is that the Court's role is to address the process by which decisions regarding building demolition are reached, rather than assessing the structural ....
The central legal point established in the judgment is the authority of the Technical Advisory Committee and the reliance on structural audit reports to determine the condition of buildings and the n....
Points of law : High Court has committed a serious error in directing removal of a wall with assistance of M/s. Shetgiri and Associates, when there were conflicting reports including an earlier repor....
Building owners have a constitutional obligation to ensure structural safety, and neglect renders them accountable for harm arising from collapses.
The court emphasized the importance of preserving the authenticity of historic buildings and the need for legal measures to ensure safety and stability.
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