Will restore caved-in portion: Builder tells Bombay HC

MUMBAI: Dosti Realty, a Mumbai builder thrust into limelight following the Wadala wall collapse, said on Tuesday that it would now comply with remedial measures it was directed to take up immediately on June 25 by a court commissioner.
The commissioner had on June 25 directed the builder to backfill caved-in portion with concrete and rubble, stop de-watering from Dosti premises and as a precautionary measure to place steel girders in shore piling.

At a heated hearing before a city civil Judge where the worst affected residents of Wadala Heights Cooperative Housing Society, on Tuesday sought interim orders against further construction in the adjoining Dosti project, the builder’s counsel Joquim Reis said that there was no construction work on since May. The court directed the builder to place an affidavit on Wednesday that he would comply with the report. The society will also file an affidavit of what the scene is on the ground.

Ashutosh Kaushik, the counsel for the society said, “It is a matter of public importance and concern…The landslide was at 4am. Had it occurred just an hour later, over 25 lives would have been lost as there are many morning walkers from among the 240 flats in the two buildings.’’ Over 80% of D-wing residents, closest to the collapsed wall, vacated their homes, said Kaushik. Reis said that the builder “was concerned too.’’ But, stressed that the builder was “not at fault.’’ “It was a natural calamity,’’ he said.

The court had appointed a commissioner to inspect the building site after an earlier “accident’’.

Wadala Heights, a 32-storey residential tower in the area popularly known as Llyod’s Estate, where the wall collapsed, had moved the court over a year ago against Dosti Realty. It alleged improper excavation of soil after cracks started appearing on their building walls. Their lawyer stressed for a stay on construction work till the builder restores the area and reinforces and restore the caved-in portion, as directed by the court commissioner.

Kaushik took the court through a year’s history since a July 3, 2017 order had directed the civic body to appoint an expert structural engineer to inspect and report whether the Dosti construction on an adjoining plot was harming the building.

The BMC first delayed the appointment of an expert even saying it has no such post, said Kaushik. He said, “the landslide is still continuing and despite express terms set out by the commissioner, the builder is not bothered,’’ stressing on it as a reason for the court to grant strict injunction against further construction till there is compliance “in its entirety’’.

He pointed out the BMC engineer’s letters since June 2017 which said that the cracks “may endanger life and property.’’

Kaushik said that the cracks had emerged—and grown from a few milimetres to over a foot-- since Dosti started construction in 2016-17 and not because of building’s age, as suggested by the builder.

The society’s lawyer said that the “BMC till yesterday was in deep slumber and only woke up now…it is their inaction that has led to the incident.’’ The dispute was gearing till the collapse, towards a settlement. Kaushik said the builder had approached the society to work out a solution rather than have the matter stretch on.

The judge G B Gurav, said, “the first issue is to protect the premises.’’

Reis said, the society building is resting on piled foundation and its structural stability is not affected.

One committee member, Apoorva Kamdar said that he had seen “de-watering work being done by the builder after the incident.’’

When asked, the builder’s lawyers said that he was “complying” with the report. “Construction has stopped since monsoon started,’’ the court recorded, his statement.

In the scenario, during monsoon construction work can’t go on, said experts.

The judge also asked the BMC lawyer, “What are you doing? Please keep an eye on the site.