Two senior citizens have appealed to the Bombay High Court to take action against those encroaching upon refuge areas in Kingston Tower, Mumbai, and restore them to their approved plans. The building, constructed under a SRA scheme, received an Occupancy Certificate up to the 26th floor in April 2013. Subsequently, violations emerged as flats were sold above this level, incorporating refuge areas into higher floors and blocking access to common terraces. Despite reporting violations to the BMC and the fire officer, no action was taken. The High Court directed BMC to address the complaint within two weeks, underscoring the importance of adhering to plans and safety regulations in construction projects. This intervention highlights the commitment to safety in the face of unforeseen events.
A plea has been made by two senior citizens to the Bombay High Court, urging the court to direct action against those who have encroached upon refuge areas in Parel's Kingston Tower, as well as to restore these areas according to the sanctioned plan. The construction of the building was conducted under a SRA (Slum Rehabilitation Authority) scheme. In April 2013, the SRA issued an Occupancy Certificate (OC) for the building, but only up to the 26th floor.
During the subsequent years, it was discovered that the developer had sold flats above the 26th floor, which led to several violations. Refuge areas were incorporated into the flats on higher floors, and access to the common terrace was blocked for some. Despite the society's efforts to report these violations to the BMC (Brihanmumbai Municipal Corporation) and the chief fire officer, no action was taken. The society even addressed a letter to BMC Commissioner Iqbal Chahal in December 2021, seeking intervention.
The petitioners' advocates, S Purohit and M Munoth argued that the primary purpose of a refuge area is to provide a safe space for contingencies arising from unforeseen incidents. Justices Sunil Shukre and Rajesh Patil acknowledged the plea's intention, suggesting that issuing directives to the BMC would be beneficial, especially considering a complaint lodged by the housing society in 2016 alleging encroachments.
The Court directed the BMC to handle the society's complaint in accordance with the law and preferably within two weeks, both from the appearance of the petitioners and the encroachers. This directive aligns with the court's aim to address the concerns regarding the encroachment of refuge areas in Kingston Tower effectively and promptly.
As the legal process unfolds, it underscores the importance of maintaining and adhering to sanctioned plans and regulations in construction projects. The involvement of the Bombay High Court emphasizes the significance of safeguarding refuge areas and common spaces in buildings, not only for the well-being of the residents but also for ensuring public safety during unforeseen events.
The case serves as a reminder to developers, authorities, and housing societies alike about the critical nature of adhering to building regulations and addressing violations promptly. The Bombay High Court's intervention in this matter reflects its commitment to upholding the integrity of construction projects and ensuring that the safety and well-being of residents remain paramount.
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