MUMBAI: In a relief to four occupants of a Bandra (West) building, including an octogenarian and his bedridden wife, the Bombay high court recently directed the BMC to forthwith reconnect water and power supply to the building.
“As a first and most immediate measure, the MCGM [BMC] will forthwith reconnect both power and water supply to the building by end of the day today,” Justice Gautam Patel and Justice Kamal Khata ordered on Tuesday.
On Thursday, the judges were told power and electricity had been restored.
Three petitioners, the only remaining occupants of the ground-plus-two storey Serenity on Ninth Road, moved the high court upon the BMC disconnected water and electricity supply on August 17 after issuing an eviction notice on June 21. One of the three petitioners, Augustine Menezes (86), said he had a bedridden wife.
The judges noted from photographs submitted by the BMC advocate that “the extent of the damage seems considerable”. The technical advisory committee of the BMC in 2021 had said the building fell in the category C2-A, that is, requiring repairs.
The judges said for two monsoons since 2021 the landlord did not effect repairs nor did the BMC ensure these were carried out in time.
“Instead, the landlord has allowed the building to degrade further. The MCGM has stood by. Now that the building has deteriorated further, it is claimed by both MCGM and the landlord that it is in a ruinous and uninhabitable condition, not safe for human habitation and is, therefore, in the C1 category… to be immediately pulled down and all occupants evicted,” they noted. They added that “in furtherance of that belief” the BMC cut off power and water supply.
The judges questioned what was done by the owner and landlord about redevelopment and were told there was no plan for redevelopment or for providing transit accommodation. They said the landlord-tenant relationship does not end because premises are evacuated for redevelopment or a building is dangerous for continued human occupation.
“We simply fail to see how private property owners can literally throw their tenants out on the street by letting their buildings deteriorate and degrade like this. That is not the frame of the law,” they said.
The judges directed the owner to present an initial redevelopment scheme for the entire property, failing which they “will make appropriate orders in that regard”. On Thursday, senior advocate Girish Godbole, for the owner, sought time to submit a proposal. The judges directed no further structural audits be done. “It goes without saying that given the condition of the building, those who choose to remain there do so at their own risk and neither the owners nor the MCGM will be responsible for any loss of life or property,” they concluded.
“As a first and most immediate measure, the MCGM [BMC] will forthwith reconnect both power and water supply to the building by end of the day today,” Justice Gautam Patel and Justice Kamal Khata ordered on Tuesday.
On Thursday, the judges were told power and electricity had been restored.
Three petitioners, the only remaining occupants of the ground-plus-two storey Serenity on Ninth Road, moved the high court upon the BMC disconnected water and electricity supply on August 17 after issuing an eviction notice on June 21. One of the three petitioners, Augustine Menezes (86), said he had a bedridden wife.
The judges noted from photographs submitted by the BMC advocate that “the extent of the damage seems considerable”. The technical advisory committee of the BMC in 2021 had said the building fell in the category C2-A, that is, requiring repairs.
The judges said for two monsoons since 2021 the landlord did not effect repairs nor did the BMC ensure these were carried out in time.
“Instead, the landlord has allowed the building to degrade further. The MCGM has stood by. Now that the building has deteriorated further, it is claimed by both MCGM and the landlord that it is in a ruinous and uninhabitable condition, not safe for human habitation and is, therefore, in the C1 category… to be immediately pulled down and all occupants evicted,” they noted. They added that “in furtherance of that belief” the BMC cut off power and water supply.
The judges questioned what was done by the owner and landlord about redevelopment and were told there was no plan for redevelopment or for providing transit accommodation. They said the landlord-tenant relationship does not end because premises are evacuated for redevelopment or a building is dangerous for continued human occupation.
“We simply fail to see how private property owners can literally throw their tenants out on the street by letting their buildings deteriorate and degrade like this. That is not the frame of the law,” they said.
The judges directed the owner to present an initial redevelopment scheme for the entire property, failing which they “will make appropriate orders in that regard”. On Thursday, senior advocate Girish Godbole, for the owner, sought time to submit a proposal. The judges directed no further structural audits be done. “It goes without saying that given the condition of the building, those who choose to remain there do so at their own risk and neither the owners nor the MCGM will be responsible for any loss of life or property,” they concluded.
