2022:BHC-AS:4075-DB PVR IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SUO MOTU PUBLIC INTEREST LITIGATION NO.1 OF 2020 High Court on its own motion (In the matter of Jilani Building at Bhiwandi) ... Petitioner Versus Bhiwandi Nizampur Municipal Corporation & Ors. ... Respondents Mr. Sharan Jagtiani, Senior Advocate with Mr. Rohan Surve, Advocate – Amicus Curiae with Mr. Mutahhar Khan, Mr.Priyank Kapadia, Ms.Shradhha Achliya and Mr.Siddharth Joshi Advocates.

Mr. Aspi Chinoy-Senior Advocate with Mr. A.Y.Sakhare-Senior Advocate Mr. Joel Carlos, Mr. Om Suryavanshi, Mr. Rohan Mirpury, Ms. Trupti Puranik and Mr. Santosh Parad i/b. Aruna Savla for the Municipal Corporation.

Mr. R. S. Apte, Senior Advocate a/w Mr. N. S. Bobade i/by Mr. M.J. Bhatt for respondent No.1-BNMC.

Mr. R. S. Apte, Senior Advocate i/by Mr. Mandar Limaye for respondent No.5/

TMC.

Ms. Swati Sagvekar for respondent no.6 VVCMC.

Mr. Vijay D. Patil for respondent NO. 4 – UMC.

Mr. A. A. Kumbhakoni-Advocate General with Mr. P. P. Kakade-Government Pleader, Mr. B.V.Samant-AGP, Ms. G.R.Golatkar, AAGP and Mr. Manoj Badgujar for State.

Mr. Sandip Marne for respondent No.8.

Mr. Nitin V. Gangal a/w Mr. Ashok D. Kadam and Ms. Prerana Shukla for respondent No.12-CIDCO.

Ms. Kavita N. Salunke a/w Mr. Mayank Mishra and Mallika Pujari for Respondent No.13 – MMRDA.

Mr. P. G. Lad for respondent-MHADA.

Mr. Sanjog Kabre-Dy.Municipal Commissioner, Mr.Kundan Valvi-Designated Officer (P/N) and Mr. Deepak Sharma-Asstt. Engineer (P/N) present.

CORAM : DIPANKAR DATTA, CJ &

G. S. KULKARNI, J.

DATE : FEBRUARY 26, 2022 JUDGMENT : (Per G.S.KULKARNI, J.)

PRELUDE

1. Alarmed and deeply pained by incidents of collapse of buildings resulting in loss of lives, we had initiated this suo motu PIL on September 24, 2020. The incident then was a collapse of a building known as “Jilani Building” at Bhiwandi, taking away 38 lives. Added to this incident, was an incident of collapse of another structure on 9 June, 2021, this time being a slum structure situated at “Malwani Slums” in which 12 persons lost their lives. The situation is such that different categories of structures, either private or in slums, old or comparatively recent, are vulnerable to a collapse posing constant threat to the lives of innocent people. The past incidents have shown a spree of human lives being lost which has continued unabated. Being confronted with such collapse, by our order dated June 11, 2021 we appointed a commission headed by Justice Mr J.P. Devdhar (Retd.) to make a report on the questions as set out in our order, to be submitted to this court. We ponder as to how long this unending cycle of sustaining buildings in ruinous state, uncontrolled illegal and unauthorized constructions, and amongst them the ghost of countless number of dilapidated buildings, would haunt innocent people. The deeper we dive into these issues, the scene gets murkier.

2. What possessed us was a poignant hope and optimism that things would improve and drastic steps would be taken by the concerned authorities to prevent building collapses. In the deepest of our hearts, we were concerned for the human lives being lost in these building collapses. We 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 of unscrupulous elements in the society, who indulge in illegal constructions at the cost of human lives. When we say so, we are not only referring about those persons who undertake unauthorized constructions, but also about those public authorities who knowingly shut their eyes to their official duties and bring about a situation, where innocent people lose their lives, due to brazen dereliction in discharge of their public duties and/or by their contemptuous inactions.

3. We are informed by the Corporation that a vast portion of the scarce land in the city is under slums, which includes all kinds of lands, namely, the S