By I C Naik
Early February last year, The Court ruled that “BMC can’t wash hands of razing unsafe buildings”. A division bench of Justice A M Khanwilkar and Justice K K Tated were hearing a petition by a 62 Member Tadeshwar Wadi Co-operative Housing society when this ruling was given. BMC was duty bound to remove structures in a dilapidated condition and directed it to evict occupants of this housing society at Mogul Lane, Mahim (W).
Report said “The civic body had issued notices under Section 354 of the BMC Act to Tadeshwar Wadi C H S to vacate but some residents were unwilling. Due to the stalemate, a portion of the building collapsed and the remaining became vulnerable. The society moved HC against the BMC’s inaction on its notices and for direction to the police to provide assistance for demolition. BMC’s case was that Section 354 gave the corporation no power to either demolish or vacate occupants from their homes and that it is for the owner to move the small causes court for relief.
Rejecting this argument, the judges said although the primary obligation is with the owner and occupier, but the BMC cannot extricate itself from its duty to remove such structures at the earliest. “In doing so the corporation may have to resort to evictions of the occupants but that drastic action would be of far less degree than the loss or damage to be caused in the neighbourhood on account of sudden collapse of the dilapidated and dangerous building,” they added. Allowing the Society’s petition, the judges directed the BMC to demolish the dilapidated and damaged structures with the help of the police. They stayed their verdict for four weeks after BMC said it wants to challenge it in the Supreme Court.
In one more example BMC secured a nod of the Bombay high court on Tuesday and got itself empowered in its drive against dilapidated and dangerous buildings in the city.
Laying down guidelines for tackling the problem of tenants refusing to move out of shaky buildings a division bench of Justice Anoop Mohta and Justice Amjad Sayed said “Tenants and flat owners in dangerous buildings will have to vacate the premises within seven days of the BMC’s evacuation notice, failing which the police will be called in to remove them” Attempts are also made to protect the rights of tenants and flat owners.
The guidelines, require the BMC to follow certain procedures when declaring a structure as “C1 category of highly dangerous or dilapidated buildings”
As a follow up but a deterring measure it also ordered “in the event of a building collapse, the state government will have to set up a committee, headed by a former municipal chief and comprising professors from IIT and VJTI, to determine the cause”
As per news report BMC required this order to make Section 354 of the BMC Act (removal of dangerous structures) effective and to see that human lives are not compromised. The BMC was seeking directions to the state government and the police to assist it in removing persons from dangerous buildings. The Civic body claimed that in many cases, the landlords or building owners do not take care of their obligations and the tenants and flat owners don’t cooperate. Even initiating criminal or civil cases do not help and in the event of a build ing collapse there is loss of lives.
According to the guidelines laid down by the Court, once a building is categorized as C1, following an independent inspection carried out by the BMC or the technical advisory committee (if the landlord and tenants dispute on whether the building is dilapidated or not), the civic body can serve a demolition notice under Section 354 of the BMC Act. If a person fails to vacate the flat within seven days of the BMC issuing an evacuation notice, the police can remove such people from the building, and then the BMC can demolish the structure.
As a safeguard to residents, the guide line also provides that those living in BMC buildings or cessed buildings will have to be provided transit accommodation by the BMC and Mhada respectively. The BMC will also compile a report about the carpet area occupied by each family in case of a privately owned building and issue a commencement certificate for the construction of a new building only if alternative accommodation is provided.
Will housing societies in Mumbai take note and start building up reserves so as to take steps well ahead of a calamity? They are well advised to have a re-look at their financial systems as to whether the Bye Laws are followed in spirit not just in letters. With inflation there are temptations to keep collection rates below optimum and as required under Bye Laws.
