Building owners have a constitutional obligation to ensure structural safety, and neglect renders them accountable for harm arising from collapses.

JUDGMENT :

ARIF S. DOCTOR J.

1. This is a case pertaining to a dangerous building known as ‘Vikas Building’, which is situated at a short distance from this Court, in a busy commercial area of Mumbai, namely, the Fort area. It is a building of about 129 years old, which has been categorized to be extremely ruinous (C-1 category) and which would suffer an imminent collapse. It has been already vacated in a very urgent situation by the Disaster Control Cell of Mumbai Municipal Corporation on 21 June 2025.

2. The petitioner is the owner of the building. It is ground + 4 storeyed structure, which has about 37 tenements/members all of which are commercial/offices. Any untoward incident of a collapse of the building would not only be a disaster qua the occupants of the building, but also to the adjoining premises qua the public at large in the busy Fort area. The water and electricity supply of the building have already been disconnected. It is in these circumstances, the petitioner is before the Court and in our opinion “too-too” late in time to contend that the petitioner would make an attempt to repair the building.

3. Being tasked with adjudication of this petition, we are duty bound to refer to the decision of this Court in High Court on its own motion (In the matter of Jilani Building at Bhiwandi) vs. Bhiwandi Nizampur Municipal Corporation and Others, [2022 SCC OnLine Bom 386] wherein the Court being alarmed and deeply pained by the incidents of collapse of the buildings, resulting in loss of lives, has initiated the said Suo Motu Public Interest Litigation. In the said case, it was a collapse of a building known as "Jilani Building" at Bhiwandi, taking away 38 lives. Added to such incident, was an incident of collapse of another structure on 9 June, 2021 at Malwani in which 12 persons lost their lives. The Court observed that the situation was such that different categories of structures were vulnerable to a collapse posing constant threat to the lives of innocent people. It was observed that the past incidents have shown a spree of human lives being lost which has continued unabated. The Court pondered as to how long this “unending cycle” of sustaining buildings in ruinous state, including uncontrolled illegal and unauthorized constructions, and amongst them the ghost of countless number of dilapidated buildings, would haunt innocent people. It was observed that a deeper dive into these issues, the scene was murkier. The Division Bench observed that what possessed the Court was a poignant hope and optimism that things would improve and drastic steps would be taken by the concerned authorities to prevent building collapses. It was observed that in the deepest of the heart, the Court was concerned on human lives being lost in such building collapses. Notably, it was observed that the Court believed, with certainty, that the strong arms of law were required to be used firmly, not only to punish the disorderly, but also, to save the lives of those who become victims. Being confronted with such state of affairs in respect of the dilapidated buildings, the Court held that it was an ultimate accountability and responsibility of th