Bombay High Court
Govind Patel vs Maharashtra Housing And Area ... on 13 December, 2022
Author: Gauri Godse
Bench: Nitin Jamdar, Gauri Godse
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2022.12.16
16:06:41
+0530
28-wpl-36701-2022.doc
Trupti
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 36701 OF 2022
Shri Govind Patel ... Petitioner
vs.
The Maharashtra Housing and Area
Development Authority & Ors. ... Respondents
......
Mr.Bipin Joshi with Mr.Bhavesh Joshi and Ms. Sakshi Agarwal for
the Petitioner.
Mr. P.G. Lad with Ms. Shreya Shah for Respondent No.1.
Ms. Preeti Gada for Respondent No.4.
.....
CORAM : NITIN JAMDAR AND
GAURI GODSE, JJ.
DATE : 13 DECEMBER 2022 P.C.:
Heard the learned Counsel for the parties.
2. The learned Counsel for the parties have drawn our attention to the fact that in respect of other structures situated on the same plot of land as to the structural stability of the structure has been referred to IIT, Mumbai, which is an independent agency, to carry out necessary tests. The order passed in writ petition (l) no. 30143 1/3 28-wpl-36701-2022.doc of 2022 dated 7 October 2022 is placed on record, which reads thus :
"1 The dispute appears to be about the dilapidated condition of the building. According to the learned Counsel for the Petitioner the building was extensively repaired in the year 2006 under the valid permission. Whereas, according to the learned Counsel for Respondent No.3 - owner, the building is C1 building. The report of the Structural Auditor states that the building is in dilapidated condition. The MHADA has issued notice to the Petitioner pursuant to the said report.
2 The learned Counsel for the Petitioner submits that the Structural Auditor of the Petitioner was prevented from conducting the necessary tests.
3 Be that as it may, in such a scenario, it would be appropriate if an independent agency is appointed to carry out the necessary tests and submit a report.
4 In light of that, we pass the following order:
a. We appoint IIT, Mumbai as an independent agency to carry out necessary tests and submit a report with regard to the stability of the subject building i.e. out- house of the building known as 101, Old Indra Bhavan and Annex Indra Bhavan, Walkeshwar, Mumbai, as described in the notice dated 28th June 2022.
b. The report shall state whether the subject property is in dilapidated condition and/or is required to be pulled down or can be 2/3 28-wpl-36701-2022.doc sustained by repairs.
c. The report may be submitted, preferably by 9th November 2022.
d. The Petitioner shall bear the charges of inspection by IIT, Mumbai.
e. The learned Counsel for the Petitioner submits that the Petitioner would occupy the premises at his own risk till the report is received by the IIT.
f. Place the matter on 10th November 2022".
3. Since IIT, Mumbai is already appointed, we refer the issue as regards the structural stability of the structure in question in this petition also to the IIT, Mumbai. It is on same terms and conditions as in the order dated 7 October 2022 that the charges of inspection shall be made by the Petitioner and the Petitioner would occupy the premises at his own risk till the report is received by the IIT.
4. We are informed that a companion petition is listed on board on 22 December 2022. To be heard along with writ petition (l) no. 30143 of 2022. All office objections to be removed before the next date.
(GAURI GODSE, J.) (NITIN JAMDAR, J.) 3/3