The HC was informed that the Mumbai Heritage Committee has passed a resolution to appoint an architect/expert or structural engineer having expertise in repairs/restoration to know if the building can be restored and to ascertain the cost that will be incurred. (File)The Bombay High Court on Thursday asked the state government to file an affidavit on whether Esplanade Mansion can be restored, the cost that will be incurred and who will bear the expense.
The 150-year-old heritage building is located near the city civil and sessions court at Kala Ghoda, a busy intersection. On April 3, the HC had directed all occupants to vacate the building by May 15. The Supreme Court had extended the deadline till May 30, following which the building was vacated.
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The HC was informed that the Mumbai Heritage Committee has passed a resolution to appoint an architect/expert or structural engineer having expertise in repairs/restoration to know if the building can be restored and to ascertain the cost that will be incurred.
A Division Bench of Justice S C Dharmadhikari and Justice Gautam Patel asked the state whether it can authorise either MHADA or any other planning authority to undertake repairs, as the building is a private property. “Importantly, who will bear the cost of these repairs, assuming that is technically possible,” it added.
The court said that one cannot go ahead unless all involved parties agree with the project conditions.
“The difficulty being that right to property may not be a fundamental right any longer, but it is a constitutional right. If the owner says that he would like to repair, restore this structure and preserve it as well, then, the right is paramount in character.” the bench added.
