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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ARIF S.DOCTOR
Vikas Premises Co-op Soc Ltd. – Appellant
Versus
Brihanmumbai Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. necessity of building safety and maintenance. (Para 1 , 2 , 6) |
| 2. previous court decisions emphasized the urgency in preventing building collapses. (Para 3 , 21) |
| 3. dangerous building condition necessitates urgent municipal action. (Para 4) |
| 4. municipal responsibilities include preventing building collapses. (Para 5) |
| 5. contradictory structural reports necessitate expert review for safety determination. (Para 7 , 13 , 14 , 15 , 17) |
| 6. petitioner's failure to act in accordance with safety mandates and structural findings. (Para 8 , 9 , 11 , 12 , 18) |
| 7. petitioner's failure to act led to the dangerous situation. (Para 10 , 16) |
| 8. immediate action required to protect public safety from dangerous buildings. (Para 19 , 20 , 23) |
| 9. final decision emphasizes public safety over procedural delays. (Para 24) |
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
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