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Bombay High Court allows Govinda Tower reconstruction after 25-year tragedy

Synopsis

The Bombay High Court has approved the reconstruction of the seven-storeyed Govinda Tower in Kherwadi, Bandra (E), which tragically collapsed over 25 years ago. Justices Gautam Patel and Kamal Khata highlighted the severity of the incident, which resulted in numerous injuries and fatalities. Originally built on a MHADA-leased plot, the building's reconstruction efforts by previous developers failed. Following residents' pleas, the court permitted the appointment of a new developer in August 2023. Despite opposition from the resolution professional involved in insolvency proceedings against the previous developer, the court directed BMC and MHADA to process the society's development proposal, marking a crucial step towards reconstruction and bringing hope to the residents of Kherwadi.

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In a significant development, the Bombay High Court has given the green light for the reconstruction of the seven-storeyed Govinda Tower in Kherwadi, Bandra (E), which had tragically collapsed over 25 years ago. The court's decision, released on Monday, permits Kherwadi Rajhans CHS to appoint a new developer to initiate the construction process.



The collapse of Govinda Tower occurred on the fateful evening of August 3, 1998. Describing the incident, Justices Gautam Patel and Kamal Khata stated, "It came down like a pack of cards, and the ensuing panic and pandemonium remain no less alarming even a full quarter century later." The collapse resulted in as many as 80 injuries and confirmed 33 deaths, with the possibility of the number being higher.



Originally constructed on a MHADA-leased plot by Apex Gas Services Pvt Ltd, the building initially had four proposed floors, with an additional three later added. Two tanks of 20,000 liters each were situated above the seventh floor. Despite initial attempts by developer Jairam Chawla of Apex Gas and hotelier Dilip Datwani to reconstruct the building, the redevelopment efforts failed.



Following the failure, the residents approached the High Court in 2001, seeking direction for MHADA and BMC to reconstruct the building and provide them with free houses. In 2009, AA Estate Pvt. Ltd offered to undertake the reconstruction, entering into a development agreement with the society in Feb 2014. However, the project stalled, leading residents to move the High Court in August 2022, seeking the appointment of a new developer of their choice. The court granted their plea in August 2023, despite opposition from the resolution professional (RP) involved in insolvency proceedings against AA Estate.



Senior advocate Pradeep Sancheti, representing the society, argued that AA had abandoned the project and the project site, contrary to the RP's claims. The court noted that while documents from 2012 to 2014 indicated some level of work, there was an absolute lack of progress thereafter until August 2022.



In their verdict, the judges directed BMC and MHADA to process the society's development proposal without insisting on a No Objection Certificate (NOC) from AA Estate or its architect. The decision marks a crucial step towards the long-awaited reconstruction of Govinda Tower, bringing hope to the residents of Kherwadi.

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