BMC’s non-compliance of court order: Commissioner Ajoy Mehta appears before Bombay HC

As per the previous court order, the landlord as well as the contractor on the panel of MHADA were arrested and restoration of the foundation work was commenced.

| Mumbai | Published: May 25, 2018 4:18:17 am
The HC was hearing a petition of the residents of Bhatia building, which stated that the landlord had dug up the foundation of the building and attempted to put a mezzanine floor on the ground floor flat. (Express photo) The HC was hearing a petition of the residents of Bhatia building, which stated that the landlord had dug up the foundation of the building and attempted to put a mezzanine floor on the ground floor flat. (Express photo)

A day after the Bombay High Court asked him to appear before court for non-compliance of a court order by the Brihanmumbai Municipal Corporation, municipal commissioner Ajoy Mehta appeared before the HC on Thursday. He said he would conduct an inquiry, file a report and initiate further action.

The HC was hearing a petition of the residents of Bhatia building, which stated that the landlord had dug up the foundation of the building and attempted to put a mezzanine floor on the ground floor flat. The petition states that this had damaged the building and put “life and property of the tenants to grave danger”.

Mehta told the HC that the civic body would do everything to repair the damages and help the tenants. “We will follow the court’s direction and an inspection of the place would be conducted. We have already instructed the BMC-empanelled structural consultant to inspect the premise and submit a report at the earliest,” Mehta told The Indian Express.

As per the previous court order, the landlord as well as the contractor on the panel of MHADA were arrested and restoration of the foundation work was commenced. Later, on May 16, 2018, the court was informed that certain cracks had developed in the toilet block of the building. Directions were given by the court that the municipal corporation as well as MHADA will take action “to prevent any harm, damage or injury being caused to the tenants” of the building. The corporation and MHADA were directed to submit their report on May 22, 2018.

Justice S J Kathwalla, in its order on May 22, said, “However, the municipal corporation has not taken any action in the matter save and except informing the court today that they have just asked the developer yesterday i.e. only on 21st May 2018 that the area should be back filled and steps be taken for soil stabilisation.” The court said by this “developer is allowed to carry out further works by the corporation which has resulted in further damage” to the building.

Justice Kathawalla said, “This is the manner in which the corporation functions and this is the respect and regard that the higher officers of the corporation display towards the orders and directions of the court.”