Bombay High Court
Estella Fernandes Nee Stella Fernandes ... vs Swarna Highrise Constructions And 5 Ors on 16 October, 2018
Author: G.S. Kulkarni
Bench: Naresh H. Patil, G.S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (l) NO. 3347 OF 2018
Ms.Estella Fernandes nee Estella
Fernandes D'souza ... Petitioner
V/s.
Swarna Highrise Constructions & ors. ... Respondents
Mr.Birnarde Reis a/w. Mr.Shailesh Kumar Rai for the petitioner.
Mr.Satish Muley for respondent no.1.
Mr.L.T.Satelkar, AGP for the State.
Mr.Satish Kamat for respondent no.3.
Mr.Mohanish Rajput I/b. Kshitija Wadatkar for respondent no.5.
Ms. Sheetal Mane for MCGM.
CORAM : NARESH H. PATIL, ACTING C.J.
& G.S. KULKARNI, J.
16th October, 2018.
P.C. Both the petitioner and respondent no.1 have submitted report in respect of the structural strength of the building which according to Counsel is contradictory.
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2. The learned Counsel appearing for respondent no.5 submits that petitioner is silent in respect of role of MHADA in the present petition. The property card extracts are placed on record. The same are taken on record. The learned Counsel appearing for respondent no.1 submits that as on date there are only 3 tenants in the building and other tenants who have left the building are paid rent by respondent no.1.
3. In the facts, we find that the issue need to be referred to Technical Advisory Committee (TAC) of the Corporation.
4. The learned Counsel appearing for Corporation submits that ward wise Committees are formed to participate in the inspection of the structure, its stability. The composition of such Committees includes 3 Members Designated Authorities of the Ward who take help of experts, Engineers, Architects from the panel framed by the Corporation. These three members include Zonal Officers, Dy. Chief Engineer, (Building Proposal), Technical Engineers. ::: Uploaded on - 19/10/2018 ::: Downloaded on - 21/10/2018 23:53:21 :::
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5. We direct the Technical Advisory Committee (TAC) of the Corporation to submit its report after visiting the site, examine the structural stability thoroughly within six weeks from today.
6. The petitioners and occupants of the building would reside in the building at their own risk. In case the building collapses or damaged due to structural defects, any loss to their life and property would be on the risk of inhabitants including all the petitioners.
7. Stand over for six weeks for "Directions/Compliance".
8. The learned Counsel for Corporation to communicate the order.
G.S.KULKARNI, J ACTING CHIEF JUSTICE
L.S. Panjwani, P.S.
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