HC refuses to stall demolition of 6 dangerous buildings in Kurla

The court highlighted that in 2020, an audit had revealed that the structures needed partial demolition along with major repairs, which was ignored by the housing society. While upholding the notice, the civic body was allowed to carry out the demolition

MUMBAI: The Bombay High Court dismissed a plea by the residents of six dilapidated buildings in Kurla West, seeking to quash the eviction and demolition notice issued by the BMC, while rapping the residents for not maintaining the buildings. The court highlighted that in 2020, an audit had revealed that the structures needed partial demolition along with major repairs, which was ignored by the housing society. While upholding the notice, the civic body was allowed to carry out the demolition.

The incident dates back to May, when the civic body found that six buildings of a residential society, Rahat Apartments in Kurla West, comprising 88 flats, were extremely unsafe for habitation. (HT Photo)

The incident dates back to May, when the civic body found that six buildings of a residential society, Rahat Apartments in Kurla West, comprising 88 flats, were extremely unsafe for habitation. The civic body conducted a structural audit on May 20, which revealed that concrete slabs had fallen off the terrace in Wing B2, plaster had completely peeled off in multiple places, and several columns and beams were buckled, as a temporary solution to the cracks that had developed.

The audit report recommended immediate evacuation, stating the building posed a ‘dangerous’ risk. In 2020, an audit had revealed that the structure needed partial demolition along with major repairs, including slab and beam recasting, which was ignored by the housing society.

Subsequently, BMC issued eviction and demolition notices to the residents on May 23.

Following this, 22 residents of the society came together and filed a petition with the high court on August 25, seeking to quash BMC’s eviction notice and halt demolition. The petitioners also urged the court to direct the BMC to refer the matter to its Technical Advisory Committee (TAC) and consider structural repairs instead of complete demolition.

On September 3, while taking note of the structural audit reports, a division bench of Justice GS Kulkarni and Justice Manjusha Deshpande dismissed the plea, highlighting that the BMC’s notice was backed by sufficient material and ordered that the civic body was free to proceed with demolition in accordance with law.

“The conduct of the society, as well as the petitioners, is quite callous, as they never bothered to maintain the building,” the court observed, stressing that the condition of the building was a danger not only to the residents but also to the passersby and the surrounding neighborhood.

The court further noted that even if repairs were carried out now, they would only be temporary and extend the building’s life marginally. “The society and its members would be required to take a well-considered view to undertake redevelopment, without disputes being raised,” the court noted.