Civic body starts razing shaky Goregaon bldg on HC order
TNN | Nov 16, 2018, 05:44 IST
MUMBAI: Two weeks after Bombay high court expressed concern at the possible loss of lives which could arise from a 'dangerous' dilapidated building close to Goregaon station and upheld demolition of the structure, a civic contract crew began razing it on Thursday. A city civil court had last month declined to stay a fresh demolition notice issued by the BMC, four years after its first one.
"As observed by the trial court, human life is more precious," said justice Shalini Phansalkar-Joshi.
Holding its interference was not warranted, the high court dismissed appeals filed by six occupants of the one-storey structure who conducted businesses from the ground floor shops, seeking relief against the demolition notice. Their lawyer, Atul Singh, argued its condition didn't warrant immediate demolition and alleged the notice was issued at the landlord's instance.
The building owner and landlord Anilkumar Jain supported, through his lawyer Vikhil Dhoka, the demolition notice, pointing to its dilapidated condition. He produced a structural audit report which, in April, had recommended demolition to prevent any future casualties from a collapse.
The HC, too, noted it was "in the occupants' interest to vacate the building on their own."
On the HC directive, a Technical Advisory Committee (TAC) had submitted a report and the building was categorized 'C-1'-dangerous. The BMC had issued a fresh notice which the tenants challenged in court.
The occupants' right of re-occupation in a redeveloped building stands protected under the law, civic lawyer Madhuri More said.
The HC also refused to maintain status quo to enable any further appeal.
"As observed by the trial court, human life is more precious," said justice Shalini Phansalkar-Joshi.
Holding its interference was not warranted, the high court dismissed appeals filed by six occupants of the one-storey structure who conducted businesses from the ground floor shops, seeking relief against the demolition notice. Their lawyer, Atul Singh, argued its condition didn't warrant immediate demolition and alleged the notice was issued at the landlord's instance.
The building owner and landlord Anilkumar Jain supported, through his lawyer Vikhil Dhoka, the demolition notice, pointing to its dilapidated condition. He produced a structural audit report which, in April, had recommended demolition to prevent any future casualties from a collapse.
The HC, too, noted it was "in the occupants' interest to vacate the building on their own."
On the HC directive, a Technical Advisory Committee (TAC) had submitted a report and the building was categorized 'C-1'-dangerous. The BMC had issued a fresh notice which the tenants challenged in court.
The occupants' right of re-occupation in a redeveloped building stands protected under the law, civic lawyer Madhuri More said.
The HC also refused to maintain status quo to enable any further appeal.
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