HC imposes ₹25K fine on petitioners trying to stall demolition of Vasai buildings

During the Tuesday hearing, the court held that the review petition was a gross abuse of the process of law. The bench said that the majority of the houses in those buildings had already been vacated, and the matter was not open for review

MUMBAI: The Bombay High Court on Tuesday came down heavily on members of two housing societies in Virar, who had filed a review petition in the court to stall the demolition of their buildings. The bench imposed a ₹25,000 fine on each petitioner and said that they had grossly abused the process of the law by deferring the demolition without any court’s order.

HC imposes ₹25K fine on petitioners trying to stall demolition of Vasai buildings

A division bench of justices GS Kulkarni and Manjusha Deshpande was hearing a review petition filed by some members of the Deepanjali Cooperative Housing Society (CHS) and Pushpanjali CHS at the Diwan and Sons Housing Enclave on Ambadi Road in Vasai (West).

Their petition challenged the court’s August 21 order directing them to vacate their houses and not obstruct the demolition of the buildings in question.

The court had noted that, in tune with its earlier judgments in such matters, civic bodies were legally obliged to swiftly act upon structures that posed risks to human life, and civic officials could be held accountable if they failed to do so.

On February 28, the building numbers H-1 and H-2 of the Deepanjali CHS and building numbers H-3 and H-4 of the Pushpanjali CHS were categorised as C-1 structures (severely dilapidated structure that required immediate evacuation) by the Vasai-Virar City Municipal Corporation (VVCMC). This meant that the buildings were too dangerous for habitation and required immediate demolition.

When conflicting structural audit reports initially created confusion, the matter was referred to the VVCMC’s Technical Advisory Committee (TAC). The TAC confirmed on June 27 that the buildings were unsafe. Acting on the TAC report, the VVCMC issued notices on July 1, asking residents to vacate their homes so that demolition could begin.

During the Tuesday hearing, the court held that the review petition was a gross abuse of the process of law. The bench said that the majority of the houses in those buildings had already been vacated, and the matter was not open for review since stalling the demolition was not in the interest of the housing society members.

The bench noted that the petitioners claimed the building was in a sound condition and should be in the C2B category (requiring structural repairs to address dangers and ensure safety). However, the court held that those issues had already been addressed in the court’s earlier order.

The court also said that the petition was filed to defer the demolition, which was scheduled for Tuesday. “To defer the demolition without any orders by the Court was quite an adventurous and unwarranted attempt on the part of the petitioners,” the court added.

The court dismissed the petition after imposing a ₹25,000 cost on each of the petitioners, and extended the time to vacate the buildings by September 15.