Bombay High Court directs BMC to frame guidelines for use of cranes in high-rise construction

PNT Reporter | Last Updated : 22nd Mar, 2023
Synopsis

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to frame guidelines for the use of cranes in high-rise constructions. The decision comes in light of a petition filled by the Lokhandwala Residency Tower Co-operative Housing Society. The petition was triggered by the death of two individuals resulting from construction work carried out by a developer of Four Seasons Private Residences Phase I and II on the plot adjacent to the Lokhandwala Residency Tower Co-operative Housing Society in Worli.

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The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to frame guidelines for the use of cranes in high-rise constructions. The court stated that it hopes that no high-rise constructions in the city will put people in danger and make them vulnerable to accidents that could result in loss of life or injury.



The petition was triggered by the death of two individuals resulting from construction work carried out by a developer of Four Seasons Private Residences Phase I and II on the plot adjacent to the Lokhandwala Residency Tower Co-operative Housing Society in Worli. As a result, the Co-operative Housing Society filed a petition with the High Court, bringing to the forefront issues regarding the safety measures that should be adopted in the construction of super high-rise buildings. 



Seksaria, representing the petitioner, stated that the petitioner's intention is to ensure safety and not impede ongoing construction. The High Court agreed that the incident that occurred on February 14, 2023, was unfortunate and said that the right to move freely, especially in places that are not actual construction sites, is a fundamental right that should be protected. The court firmly believes that the fear of being killed or hurt due to the construction work in progress would certainly amount to a violation of one's fundamental right to life. The court disposed of the petition while emphasizing the need to ensure safety in high-rise constructions.



On the other hand, the developer's senior counsel, Zal Andhyarijuna, said that the incident was an accident, and his client felt great sorrow for it. The developer has taken measures to adopt strict safety norms to complete the balance of the work. Meanwhile, the BMC's senior counsel, N V Walawalkar, stated that the civic body needs to prescribe safety measures for crane operations, and they are willing to do so.



The High Court observed that the use of suspended cranes in under-construction high-rises is a common sight, and it hopes that the municipal commissioner would look into these issues and issue appropriate guidelines. The court's decision highlights the importance of ensuring the safety of individuals during high-rise construction, which is a common sight in urban areas.



The use of cranes in high-rise construction is necessary but can pose a significant threat to the safety of individuals if not used appropriately. It is crucial to implement guidelines and safety measures to ensure that such incidents are prevented in the future. It is commendable that the BMC is willing to take measures to prevent such incidents and ensure the safety of individuals in high-rise constructions.



In conclusion, the High Court's decision to direct the BMC to frame guidelines for the use of cranes in high-rise constructions is a welcome move that will go a long way in ensuring the safety of individuals. The BMC's willingness to prescribe safety measures is commendable, and it is hoped that the guidelines will be implemented effectively to prevent such incidents in the future.



 

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