Source: freepressjournal.in<\/p>\n\n\n\n
Mumbai:<\/strong>\n Observing that it is not an extended branch of any municipal \ncorporation, the Bombay High Court reiterated that it would not pass any\n orders to maintain the \u2018status quo\u2019 in cases of dilapidated buildings \nin the city. The HC said the congested city has buildings, especially on\n roads and near stations, and thus, even if a single building collapses,\n it will have an impact on other structures too. <\/p>\n\n\n\n A bench of \nJustices Satyaranjan Dharmadhikari and Gautam Patel had last month \ndelivered a judgment banning the usual practice of passing status quo \norders in matters pertaining to dilapidated or dangerous buildings. It \nhad also stopped the practice of accepting undertakings from the tenants\n of such buildings and allowing them to continue to reside in the \nstructure at their own risk.<\/p>\n\n\n\n Despite this ruling, the bench was \nbeing petitioned by several such tenants of various buildings across \nMumbai, challenging the eviction notice issued by the Brihanmumbai \nMunicipal Corporation (BMC).<\/p>\n\n\n\n Irked by this, the judges said, \u201cWe \nwill now make it abundantly clear that courts, and especially the High \nCourt, is not an extension of a municipality or municipal corporation. \nWe do not grant or refuse building permissions.\u201d<\/p>\n\n\n\n \u201cWhere there is a\n divergence of expert opinion on facts, and especially on technical \nfacts, this court will always take the approach that poses the least \nrisk, even if this causes the most inconvenience. This court will always\n bear in mind that apart from the risk to those in occupation, every \nbuilding in the city, and especially a city as congested as Mumbai, \nposes a risk not only to its occupants but also to passersby,\u201d the bench\n remarked.<\/p>\n\n\n\n In its fresh orders, the bench noted that from the very\n time the practice of passing status quo orders had begun, there were \nincidents of structures collapsing. \u201cIt is only luck that there have \nbeen no deaths so far. But luck has a tendency to run out,\u201d the judges \nsaid.<\/p>\n\n\n\n \u201cWe do not suggest that every building that is old is, only \nfor that reason, necessarily dilapidated. There are many old buildings \nin Mumbai. We work in one such (HC building). There are many other \nseveral decades-old buildings around this city, from Ballard Estate to \nChurchgate, CST, Colaba, Marine Lines and even in the suburbs. These \nbuildings have been maintained and show no significant structural \ndistress,\u201d the judges noted. <\/p>\n\n\n\n The observations were made in \nresponse to a bunch of petitions filed by residents of several buildings\n from Bandra, challenging the eviction notices issued by the BMC. The \nBMC had issued the notices as the buildings were dilapidated and \ndangerous.<\/p>\n\n\n\n The judges, having heard all the contentions, refused \nto grant any relief to the residents and ordered them to vacate the \npremises as soon as possible.<\/p>\n