P.H. Jayani 07 ao1151.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO 1151 OF 2022

WITH

INTERIM APPLICATION NO.30421 OF 2022

IN

APPEAL FROM ORDER NO. 1151 OF 2022

Mr. Sandeep Bhosle and ors.

… Appellants

v/s.

Municipal Corporation of Greater

Mumbai and ors.

…. Respondents

Mr. Bhavin R. Bhatia a/w. Mr. Rohit Yadav and

Mr. Nirav Kuria for the Appellants.

Mr. Joel Carlos a/w. Mr. R.Y. Sirsikar for the Respondent – MCGM.

Mr. Dilip Rai a/w. Mr. Ajay Rao for Respondent Nos.3 and 5.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 21^st DECEMBER, 2022.

P. C. :-

.

The Appellants who are the occupants of ‘

Shanti Darshan’

building also known as ‘

Jugal Kishor’ building situated Opp. Shankar

Mandir, Corner of Jakaria Road, S.V. Road, Malad (W), Mumbai – 400

064, challenged the notice under section 354 of the Mumbai Municipal

Corporation (MMC) Act, issued by the Respondent No.1 – Corporation.

2.

Heard learned counsel for the Appellant, learned counsel for the

Corporation and learned counsel for Respondent Nos.3 and 5. I have

perused the records and considered the submissions advanced by the

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learned counsel for the respective parties.

3.

It is not in dispute that the building is over 100 years old. It is

stated that the building is on the intersection of S.V. Road and station

road which is stated to be the busy locality. The Technical Advisory

Committee (TAC) report reveals that the structure is in dilapidated

condition, beyond viable repairs and unsafe and unfit for occupation.

The TAC has classified the building in C-1 category. There is no reason

for this Court to discard the report of the Expert Committee. Moreover,

considering the precarious condition of the building, there is every

possibility of the building collapsing. Considering the location of the

building, any such mishap will not only pose danger to the life of the

Appellants and other occupants of the building but will lead to loss of

lives of pedestrians/passerby and other members of the public.

Considering the consequences, the Corporation cannot be restrained

from discharging its statutory duty.

4.

Learned counsel for the Appellants seeks three weeks time to

vacate the premises. He states that the Appellants have already

furnished undertaking before the Trial Court and that the undertaking

shall continue for next three weeks. Statement accepted.

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5.

Learned counsel for the Corporation has placed on record the

area information statement. He has stated that the Corporation shall

adhere to the policy dated 25/05/2018 and all the other relevant

provisions of law. He further submits that the Corporation shall give no

objection to the electricity and water supply department within a

period of 48 hours to re-connect electricity and water supply for a

period of three weeks from the date of this order. Statement is

accepted.

6.

Learned counsel for the Appellants states that the name of

Appellant No.7 and other Appellants is not reflected in the Area

Information Statement. He seeks leave to apply in the event the names

of any of the occupants are not reflected in the Area Statement.

7.

Under the circumstances, the following order is passed :-

(a)

The Appeal from Order is dismissed.

(b) The Appellants shall vacate the premises within three

weeks from the date of this order.

(c)

The Corporation shall give no objection within 48

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hours to the electricity and water supply department to re-

connect the electricity and water connection for a period of

three weeks from the date of this order.

(d) In the event the Appellants fails to vacate the

premises within a period of three weeks from today, the

Corporation is free to take action in accordance with law.

(e)

The Corporation to adhere to the policy dated

25/05/2018 and all the other relevant provisions of law.

(