Bombay High Court
Jitesh Jivaji Kamat vs M/S. Prabhu Constructions, Rep. By Its ... on 7 August, 2024
39 MCA-1529-2023 F.DOC
Meena
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.1529 OF 2024 (F)
IN
WRIT PETITION NO.357 OF 2024
WITH
MISC.CIVIL APPLICATION NO.321 OF 2024,
IN
WRIT PETITION NO.357 OF 2024
WITH
MISC.CIVIL APPLICATION NO.1024 OF 2024 (F)
IN
WRIT PETITION NO.357 OF 2024
MISC.CIVIL APPLICATION NO.1529 OF 2024 (F)
IN
WRIT PETITION NO.357 OF 2024
VENKATESH PRABHU MONI ... APPLICANT
Versus
KISHORE UTTAM BHAIDKAR AND 43
ORS. ...RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.321 OF 2024
IN
WRIT PETITION NO.357 OF 2024
JITESH JIVAJI KAMAT ... APPLICANT
Versus
M/S. PRABHU CONSTRUCTIONS, REP.
BY ITS PROPRIETOR, VENKATESH
PRABHU MONI. ... RESPONDENT
WITH
MISC.CIVIL APPLICATION NO.1024 OF 2024 (F)
IN
WRIT PETITION NO.357 OF 2024
VISHAN SINGH RAJPUROHIT
AND 4 ORS ... APPLICANT
Versus
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39 MCA-1529-2023 F.DOC
VENKATESH NARAYAN PRABHU
MONI AND 36 ORS ... RESPONDENT
Mr. Neelesh Takkekar, Advocate for the Respondent Nos. 1 to 36.
CORAM: BHARAT P.
DESHPANDE, J
DATED: 7th August, 2024.
P.C.:
1. Perused the report from Goa College of Engineering dated
22/07/2024 wherein conclusions found in pages 13 and 14 read
thus:
"V. CONCLUSIONS
1. Profuse Seepage is seen in the basement area and also
from the floor above the basement till date and intensity
increased day by day
2. During peak monsoons Un controllable inflow as
seepage is seen
3. Water oozes out from the basement floor at several
places leading to the accumulation of seepage water in
huge quantities amounting to as high as 125-150 m3 of
water/hr. is a CONCERN
4. The team attributes this chaos to the poor construction
of the Basement floor/Poor planning/ Poor management
of seepage water
5. A raft foundation should have been provided in our
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39 MCA-1529-2023 F.DOC
opinion, however, individual footings have been provided
in the present case
6. The Provision of an RCC slab as the floor of the
basement, the Method of closure of the existing well during
construction, and the arrangement made to collect and
dispose of could not be established by the team GEC as Mr.
Moni failed to produce the approved relevant documents
either from an approved Engineer or an Architect.
7. Mr. Moni failed to produce a valid certificates of F &ES
concerning Prabhu Chambers
8. The team recommends having the facility Lift (In case
approved by the authorities) be from the Upper floor but
not from the existing basement level. This is due to the
safety of lift users in case of a surge of seepage and
electrical concerns
9. Suggestions towards repair methodology for the arrest
of seepage shall follow the Thermography tests
10.Alternate wetting and drying of concrete in the
columns/beams/walls leads to the intensity of corrosion
wherever applicable and loss of concrete bond between
steel, wall, and plaster.
11. The above process will also lead to a shortening of the
life of the structure thereby may cause stability issues.
12. The lifts and Pumps need to be tested before being put
into use as they have not operated for a long time and so
also with the firefighting services.
13. In total seepage is a "Concern" towards the healthiness
of the structure.
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39 MCA-1529-2023 F.DOC
2. Mr. Takkekar submits that the Respondents are in contact
with the GEC who will suggest the remedial measures and how to
rectify the difficulties and more particularly serious concerned
about the water logging in the basement. He submits that such
report will be filed within a period of two weeks.
3. Request is made to the team of GEC to prepare the report, to
suggest the remedial measures along with total expenses within a
period of two weeks so that necessary directions could be issued to
the concerned to carry out such measures.
4. Stand over to 21/08/2024.
5. The Petitioner is directed to furnish the relevant documents
as recommended by the GEC in its report dated 08/07/2024,
within a period of two weeks.
BHARAT P. DESHPANDE, J.
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