Background
The Bombay High Court has ordered the demolition of seven floors of an eight-storey building in Khar West, Mumbai, as they were found to be built illegally. The court ruled that the construction of floors 2 to 8 was unauthorized, as the Commencement Certificate (CC) issued for the building only allowed for the construction of the first floor. The court also found illegal constructions in the basement and on the ground and first floors. The decision comes in response to a petition filed by a resident of the building, challenging a demolition notice issued by the BMC.
The Illegal Construction
The building in question, Shivanjali Co-operative Housing Society, was jointly developed in 1993 by AG Developers and Rao & Associates. The CC issued for the building only permitted the construction of the first floor. However, the building was constructed with a basement, ground floor, and eight upper floors.
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The Petition and the Court’s Ruling
A resident of the eighth floor of the building, Rafique Kabani, filed a petition challenging a June 2018 demolition notice issued by the BMC for the illegal floors. Kabani sought to quash the demolition notice and obtain an interim restraint on the BMC from proceeding with the demolition.
The division bench of justice Mahesh Sonak and justice Kamal Khata heard the petition and found that the construction of floors 2 to 8 was patently illegal and unauthorized. The court also noted that there were illegal constructions in the basement and on the ground and first floors.
The Demolition Order
Based on its findings, the court ordered the Brihanmumbai Municipal Corporation (BMC) to demolish the seven illegal floors of Shivanjali Co-operative Housing Society within three months. The court’s decision is a significant blow to the building’s residents, who will now have to relocate while the demolition takes place.
Implications of the Decision
The Bombay High Court’s decision has several implications. First, it sends a strong message to developers and builders that they must adhere to building regulations and obtain necessary permissions before undertaking construction projects. Second, it highlights the importance of residents being vigilant about illegal constructions in their buildings and taking action to address such issues. Finally, the decision underscores the BMC’s role in enforcing building regulations and ensuring the safety and integrity of structures in the city.
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