Lokhandwala Residency Towers ... vs The Municipal Corporation Of Greater ... on 12 August, 2025

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Bombay High Court

Lokhandwala Residency Towers ... vs The Municipal Corporation Of Greater ... on 12 August, 2025

1. On 9 March 2023 a co-ordinate Bench of this Court of which one of us (G.S.Kulkarni, J.) was a member, passed a detailed order on the present proceedings, inter alia observing, that the proceedings brings to the fore seminal issues in regard to the safety measures to be adopted in the construction of high rise buildings and more particularly, of the nature as coming up on the contemporary times. The trigger to this petition was an unfortunate incident, which had taken place on 14 February, 2023, arising from the high-rise construction being undertaken by respondent no. 2 in respect of its project "Four Seasons Private Residences Phase I and Phase II", situated at plot no. 1/136, Dr. E Moses Road, Near Jijamata Nagar, Worli, Mumbai. The terrible incident was falling of a large cement block from the 52nd floor of the building which was under construction, which instantly killed two innocent persons, who were Page 1 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC outside the premises of respondent no. 2. It is in such context, the concern before the Court was to the effect that, it can never be countenanced that innocent lives are lost by accidents of such nature caused by objects falling from a suspended crane located at an enormous height of which persons on the ground may ordinarily not notice. The Court expressing deep pain noted that none of the high rise constructions in the city of Mumbai should make people vulnerable and prone to such accidents in which innocent people would suffer injury or lose their lives. The Court observed that the right of a person to move freely, in places which are not actual construction sites, if are threatened by fear of being killed or hurt, would result in violation of their fundamental right to life, guaranteed under Article 21 of the Constitution. It is on such backdrop, the Court observed that there was need to urgently think on measures and solutions, for all times to come, and not let such incidents happen arising from constructions, wherever they are situated. The Court also observed that the constructions of such nature are specialised and are routinely being undertaken, using such large cranes hanging/suspended in the air. It was stated that it was high time that the Municipal Corporation devotes special attention to the safety requirements in this regard. It was observed that the use of cranes is a modern technique being adopted in undertaking such construction used for carrying materials to different levels of the high-rise constructions like lifting of large glass panels, cement blocks and strong concrete materials etc. It was further observed that it was common sight in the city of Mumbai that several high-rise buildings under construction have large suspended cranes.

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2. One of the issues was whether there was any inspection, approval and certification of the operation of such cranes or constructions by any recognized specialized agency which may be appointed by the developers. It was noticed that there was no mechanism, for the planning authority to exercise any such control in regard to the norms of safety and/or precautions required to be implemented in undertaking such high rise construction, by the use of these cranes and/or construction being undertaken in respect of high-rise buildings. This more particularly concerning the safety of the adjoining land, premises or on the public road in the vicinity. All these aspects were considered imperative to be taken into consideration by all the stakeholders. It is in such context the Court appointed an expert committee comprising of seven experts who were persons of eminence to recommend special safety measures for undertaking construction works at considerable heights and/or on during high-rise constructions.

3. We may observe that it is not only the construction of high-rise buildings which can be contemplated, but also high-rise constructions being undertaken by public bodies of projects like metro rail, flyovers, bridges which are projects in respect of which pedestrians / persons using the roads, footpath, lanes, aisles etc, and/or the vehicles / traffic, or the adjoining buildings become more vulnerable in the event of any such accident of any object falling from such high-rise construction of such public projects. While appointing such committee, the observation of the Court in paragraph 15 of the said order, is now a matter of concern in view of a recent incident which was recorded by us in the order dated 7 August 2025 namely the recent incident of an accident on Thane-Bhiwandi- Page 3 of 10

12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC Kalyan Metro Line in respect of which an iron rod fell from the bridge under construction, which pierced the head of an auto rickshaw passenger as reported in the newspaper/media. Paragraph 15 of the order dated 9 March 2023 passed by the Division Bench reads thus:-

"15. We are certain that in the event, the Municipal Corporation formulates any guidelines and intends to issue appropriate directives, the Urban Development Department of the State Government shall act upon any such proposal of the Municipal Corporation with utmost expediency. Considering the urgency of the issue, we would expect the Secretary, Urban Development Department to pay special attention to such concern of the Corporation considering the larger public interest.

(emphasis supplied)

4. Mr. Walawalkar, learned Senior Counsel for the Municipal Corporation has placed on record a copy of the report of the said expert committee comprising of the Experts Mr. Amol Shetgiri and Mr. P. G. Redekar, Mr. Roshan Bhoir, Mr. Vikraman Pillai, Advocate Mridul Sharma, Dr. Shashank Mehendale, Mr. Girish Dravid. The report is titled as "Report of the Expert Safety Committee Special Safety Control Recommendations for Working at Heights During High Rise Construction".

5. The contents of the report are significant. It observes that the City of Mumbai is growing taller and with its peculiar geographical characteristics, the ever increasing population can only be accommodated in buildings growing taller and taller with the passage of time. It is observed that the Mumbai building developers and contractors have adopted modern advanced technologies that have facilitated the tall building construction very effectively. It records that Page 4 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC Mumbai now boasts of having many buildings above 100 meters, 181 buildings above 150 meters, 47 buildings above 200 meters and 24 buildings above 250 meters. It was observed that the tallest building at the time of submitting report is 'Lokhandwala Minerva' that stands at 301.60 meters as per civil aviation NOC. It is recorded that another 416 buildings are under construction having approvals from authorities with more than 150 meters height rising to 331 meters at its maximum. Setting out such details, it is observed that while the construction technology of tall buildings has been very well absorbed by the city's construction industry, there have been cases of negligence and violation of safety measures by builders/developers/contractors. It was observed that there are various mishaps and accidents. It records that there was lack of rules/regulations and/or notifications regarding accidents that are specific to high-rise constructions. The report also observes that the adjacent plot and/or nearby area / adjacent area like roads, gardens, parking of the said construction site are affected by incidents such as falling debris and gravel, collision, and breakages of construction equipment etc. The report observes that such incidents continue to endanger premises and the lives of adjacent residents and pedestrians on adjacent roads. Giving reference to few accidents which had taken place, the Committee has delved on such issues and has divided its report in seven chapters under the following heads:

Chapter 1: Activities at height involved in High Rise Constructions Chapter 2: Hazards at working at height during High Rise Constructions Chapter 3: Recommendation to appoint a Safety Officer. Chapter 4: Recommendations for Crane Operations Chapter 5: Recommendation for Facade and other Installations Page 5 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC at height.

Chapter 6: Recommendations for Safeguarding Adjacent Areas Chapter 7: Building Proposal IOD Conditions Related to Working With Cranes.

6. On perusal of the contents of the Chapters, we find that the Committee has taken herculean efforts in studying and deliberating the issues on the entire framework, from the point of view of the safety concerns. We find that each of these Chapter which has been set out in the report, has addressed issues in regard to safety precautions of constructions which are being undertaken at a significant height/high rise from the ground level. This more particularly when such specialized technique/tools are being adopted in undertaking such construction, used for carrying materials to different levels of the high-rise construction, like lifting of large glass panels, cement blocks and strong concrete materials etc., as observed that by the Division Bench in the order dated 9 March 2023.

7. We are of the opinion that such comprehensive report is in immense public interest and more particularly, as it concerns the safety of all innocent persons who may not be concerned with such project, and whose life needs to be protected from any fall from such height/high rise constructions. Hence, the report needs to be implemented in letter and spirit by the Mumbai Municipal Corporation in the manner as permissible in law by issuance of Notifications or circulars by the Municipal Commissioner, so as to form part of the building permissions being granted in respect of high rise constructions being undertaken. Also the same needs to be implemented by all other planning authorities where similar high rise constructions are being undertaken. We find that such high rise Page 6 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC constructions are taking place in all adjoining municipal corporations of the Mumbai Metropolitan region. They are also being undertaken in several other cities in the State. Hence, implementation of such report by issuance of Notifications so as to form part of the planning permissions and all such safety precautions to be undertaken, needs to be mandatory, as in our opinion, complying of such safety requirements is non-negotiable, and of vital public interest. The report is accordingly required to be published on the official website of the Mumbai Municipal Corporaiton and the other Municipal Corporations, as also on the websites of different planning authorities in the Mumbai Metropolitan Region as also on the website of the Urban Development Department of the Government of Maharashtra.

8. We accordingly direct the Principal Secretary, Urban Development Department who has recently received this report, as informed by Mr. Walawalkar, learned Senior Advocate for the MCGM, to issue appropriate directives so as to make the contents of the report and the precautions / recommendations mentioned therein to be implemented by all the Municipal Corporations.

9. We also accept the very valid submission of Mr. Walawalkar when he draws our attention to paragraphs 8, 9 and 10 of the report when it uses the words "If demanded by the PA." We need to note what are the contents of paragraphs 8, 9 and 10 which read thus:-

"8. As far as possible, the travel of the material lifting hook of the crane along the boom shall be restricted to the boundary of the plot under construction. Where the boom projects outside the plot, and if it is not feasible to keep the Page 7 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC hook within the plot under reference due to operational reasons, adjoining properties and public roads should be protected from falling objects by erecting temporary structures. from falling objects. PA is advised to insist on submission of the arrangements in the areas under the sweep of the crane boom to safeguard against falling objects in the form of the temporary protection of the adjoining properties and public roads for the safety of the residents and pedestrians, also of the vehicles parked in the adjoining premises and on the roads with a well-designed temporary structure covering the affected premises and the exposed roads at the developer's/contractor's cost as per the graphic guidelines given in Fig. 1 [If demanded by the PA], the developer/contractor shall submit a drawing and the structural design calculations for such a protective arcade with certification from the structural engineer on record. (See Fig. 1 on the next page.)

9. PA is advised to insist on submissions of the arrangements to safeguard against falling objects in the form of the temporary protection of the adjoining properties and public roads for the safety of the residents and pedestrians, also of the vehicles parked in the adjoining premises and on the roads with a well-designed safety net attached to the building perimeter at the developer's/contractor's cost as per the graphic guidelines given in Fig. 2. [If demanded by the PA], the developer/contractor shall submit a drawing and the structural design calculations for such a protective net with certification from the structural engineer on record.

10. PA is advised to insist on submissions of the arrangements to safeguard against falling objects in the form of the temporary protection of the life and property in the plot under construction, adjoining properties and public roads for the safety of the residents and pedestrians, also of the vehicles parked in the adjoining premises and on the roads with a well-designed safety platform attached to the building perimeter at the developer's/contractor's cost as per the graphic guidelines given in Fig. 2. [If demanded by the PA], the developer/contractor shall submit a drawing and the structural design calculations for such a protective platform with certification from the structural engineer on record."

(Bracket Emphasis added)

10. Mr. Walawalkar's contentions is to the effect that the bracketed portion in paragraph 8, 9 and 10 which uses the words "If demanded by the PA" need to be Page 8 of 10 12 August 2025 P. V. Rane ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:46:24 ::: 10WP2671-23.DOC deleted and in fact such insistence as recommended needs to be mandatory and not on the demand made by the Planning Authority. We completely accept this suggestion that it is a valuable suggestion of Mr. Walawalkar, considering the larger public interest. Paragraphs 8, 9 and 10 of the report be accordingly read.

11. We direct the Principal Secretary to consider the said report of the Expert Committee and to issue appropriate directives within ten days from today, so that such safety measures in larger public interest are implemented by the other Municipal Corporations/ Planning authorities, and all the public authorities undertaking high rise constructions or constructions on substantial heights.

12. The order be orally communicated by the learned Government Pleader to the learned Principal Secretary so that there is no delay to implement such safety norms.

13. We appreciate the assistance of Mr. Walawalkar, learned Senior Advocate appearing for the Municipal Corporation of Greater Mumbai, Ms. Kantharia, learned Government Pleader for State as also learned Counsel for the petitioners and other respondents.

14. In this view of the matter, further orders are not required to be passed. However, we may clarify that it is always open to the Municipal Commissioner, Planning Authorities or the Urban Development Department to keep improving on these recommendations so as to be in tune with the contemporary and modern requirements and techniques, so as to ensure that the best possible safety measures are adhered on such high rise projects which are strictly followed by all the concerned stakeholders.

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15. For reporting the compliance, list the proceedings on 22 August 2025.

(ARIF S. DOCTOR, J.)                                   (G. S. KULKARNI, J.)




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