The Bombay High Court has directed the BMC's Technical Advisory Committee to independently assess structures damaged by unauthorized tenant demolitions along Old Agra Road in Kurla. Justices Patel and Khata emphasized excluding private audit reports and ruled reconstruction should halt. The move addresses widespread damages caused by tenants and ensures proper authorization for repairs. The court ordered the landlord to present repair plans on September 13 and warned tenants against obstructing the assessment, hinting at potential contempt proceedings.
The Bombay High Court has issued a directive to the Brihanmumbai Municipal Corporation's (BMC) Technical Advisory Committee (TAC) to conduct an independent assessment of the structures situated along Old Agra Road in Kurla (West), which have reportedly suffered extensive damage due to unauthorized demolitions carried out by tenants. The court's decision, handed down by Justices Gautam Patel and Kamal Khata, aims to address the aftermath of the destructive actions taken by tenants on the buildings.
The judges emphasized that the TAC's assessment must exclude consideration of two private structural audit reports that were submitted. These reports include a repair assessment categorized as "C 2 B" obtained by the tenants in July and an August report provided by the landlord asserting that the structures fall under the "C1" category, signifying dangerous and dilapidated conditions. The TAC has been tasked with evaluating the current state of the structures as they stand.
The court further ruled that any reconstruction efforts on the site are to be halted until further notice. This decision comes in response to a plea submitted by Amit Kenia, the owner and landlord of five interconnected structures collectively known as Vijay Mansion. Kenia raised concerns that the tenants had commenced unauthorized demolition activities despite the BMC's "stop work" notice issued on August 21.
Advocate Pradeep Thorat, representing the 11 tenants who were summoned to the court, stated that the tenants had initiated repairs based on the audit report. However, Justice Patel countered by highlighting the substantial extent of the damages, asking if the tenants had dismantled structures indiscriminately.
Inquiring about the tenants' compliance with BMC's repair permissions and architectural plans, the judges questioned the tenants' disregard for the "stop work" notice issued by the Municipal Corporation of Greater Mumbai (MCGM). Thorat assured the court that all work had ceased.
The court also addressed the landlord's stance on the matter. Deepa Pohuja, advocate for Amit Kenia, informed the judges that during a structural audit conducted in April, the tenants had caused a law and order disturbance.
In their order, Justices Patel and Khata noted that the repairs claimed by the tenants had resulted in "widespread" damages. They emphasized that individuals cannot take unilateral actions without proper authorization for repairs. The court also directed Amit Kenia to present his plans regarding repairs, redevelopment, and reconstruction of the affected buildings on September 13.
Furthermore, the tenants were instructed not to obstruct Kenia, his consultant, or the TAC. The judges issued a stern warning, stating that any incidents would result in potential contempt proceedings.
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