Dilapidated buildings: HC to fast-track cases
After the sudden collapse of an 80-year-old dilapidated building in Dongri, the High Court has expressed concern over the people living in such dangerous and worn-out structures across Mumbai. In a landmark order, the High Court has urged the BMC to put the cases of dilapidated buildings categorized under C-1 category and the High Court would fast-track the cases.
Each year, during monsoon, BMC inspects decaying and old buildings and serve notices to these building as C-1 (dangerous building) and issues orders to evict. But, residents do not evict and instead file PIL in courts against BMC. Thus, begins the unending battle between BMC and the petitioners in the courts. During the long and arduous legal battles, it is generally observed buildings that are decaying and old, collapse. In such calamities, many innocent people living in such a dilapidated structure become the victims. After the collapse, neither the BMC nor the government comes to the aid of these people who become homeless and those who get killed.
However, the good news for people staying in such dilapidated structures is that the Mumbai High Court has asked BMC to bring all the cases related to dangerous buildings categorized under C-1. The High Court plans to give judgment soon to give justice through fast-track courts.
It may be noted that according to the BMC T-Ward list, there are 57 ‘Most Dangerous’ buildings. The BMC T-Ward has till now demolished 8 buildings. From the remaining 49 buildings, residents of 16 buildings are fighting cases in the High Court. T-Ward has disconnected water supply and electricity in the buildings declared dangerous so that residents are forced to move out voluntarily.
However, Dheeraj M. Vala, a social worker and RTI activist have come to the rescue of people living in dilapidated buildings. Dheeraj has filed a PIL with the State Human Rights Commission urging the government to first provide alternate shelters to the residents and later evacuate them from dilapidated structures!
The BMC claims that when a dilapidated collapses, it not only kills people living in the building but is also a potential threat to people living in the vicinity. Hence, demolition of such a building is essential for the safety of the citizens of Mumbai. However, the High Court observed that the demolition of such a building without justice being done is wrong. The court observed that the cases of dilapidated buildings take a long time as either the owners are out of the country or there is a dispute between the tenants and the landlord. But, the High Court now wishes to solve these cases soon and give justice to people living in dilapidated buildings through fast-track courts!
Mumbai High Court orders to demolish 2 dilapidated buildings in Mulund
After the Mumbai High Court order, BMC has awakened from its deep slumber and has presented the list of dangerous buildings to the High Court. The list contains 23 buildings in the 24 wards of Mumbai. The High Court headed by the bench of Justice Dharmadhikari and Justice G.S. Patel gave a verdict to demolish these 23 structures. Interestingly, in the High Court verdict, 2 buildings from Mulund have been declared to be demolished.
Kishore Gandhi, BMC T-Ward Assistant Commissioner told Home Times, “The High Court has ordered to demolish two buildings 1) Jalaram Estate located at MG Road in Mulund West and 2) Uday Building located opposite Apna Bazaar in Mulund West. Soon, the legal formalities will be over and these 2 buildings will be demolished.”
