Bombay High Court
Amex Developers Pvt. Ltd vs The State Of Maharashtra And 14 Ors on 14 January, 2020
Author: B.P.Colabawalla
Bench: S.J.Kathawalla, B.P.Colabawalla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION No. 3107 OF 2018
Amex Developers Pvt. Ltd. ..Petitioners.
Vs
The State of Maharashtra & Ors ..Respondents.
Mr. Ashok Saraogi, Advocate for the Petitioners.
Mr. L.T. Satelkar, AGP for Respondent No.1.
Mr. V.P. Sawant, Advocate for Respondent No.2-MHADA
Mrs. Yamuna Parekh, Mr. Prateek Pai a/with Ms. Aditi Prabhu i/by Rakesh Agarwal
for respondent Nos. 4 to 7.
Mr. Yadvnath Chaudhari a/with Mr. Chinmaya Acharya for Respondent Nos. 8 to 15.
(Mr. C.J. Rao, Ex Engineer MHADA B2 Ward)
Mr. Kiran Das from B & F MCGM present.
CORAM : S.J.KATHAWALLA, &
B.P.COLABAWALLA, JJ.
DATE : 14th JANUARY, 2020 P.C. :
1. By the above Writ Petition the Petitioners have prayed for the following relief:-
"(a) that this Court be pleased to issue an appropriate work, order and directions directing Respondent Nos. 1 to 3 forthwith take necessary steps either for the repairs of their building and/or to ::: Uploaded on - 14/01/2020 ::: Downloaded on - 15/01/2020 03:46:13 ::: Ladda 2 / 3 904-wp-3107-18.doc demolish the same and/or proper directions be given to the effect that the occupant so the building i.e. the respondent Nos. 4 to 15 herein-
above are occupying their respective premises in the building known as Ratanbai bearing No. 13/21, situated at J.B. Marg, Chinch Bunder Cross Road, Mumbai 400 009 at their own risk, cost and consequence, in case if any unwanted event would occur while constructing the building of the petitioners and the Petitioners shall not be held responsible for the same in any manner whatsoever, on such terms as this Court may deem fit and proper in the matter."
2. It is submitted that the petitioners are constructing 30 storey building on their plot of land situated at 13/21, J.B. Shah Marg, Mumbai-400 009. On the adjoining plot is a building named 'Ratanbai Building'. Our attention is drawn to several letters from the Municipal Corporation Greater Mumbai (MCGB) as well as the owners of Ratanbai Building addressed to the tenants recording that the said building is in dilapidated condition and needs repairs/demolition. The Petitioners have approached this Court since the petitioners apprehend that whilst carrying out work on their plot of land, the said Ratanbai Building, which is on the adjoining plot, may collapse thereby causing loss to life and property.
2. All the parties are before the Court either by themselves and/or through their Advocates. The learned Advocate appearing for the MHADA, on instructions, has informed the Court that the petitioners can continue with their work of construction of the tower after a period of two weeks, since in the meantime the MHADA will ensure that the said Ratanbai Building is propped up and tin sheets are ::: Uploaded on - 14/01/2020 ::: Downloaded on - 15/01/2020 03:46:13 ::: Ladda 3 / 3 904-wp-3107-18.doc provided around the plot on which Ratanbai Building stands. He also states that in the meantime the MHADA will ensure that the four tenants who are not vacating their respective premises, shall vacate their respective premises and if necessary they (MHADA) shall take police assistance to get vacant possession of the premises. He further states that after this is done, the petitioners can proceed to carry out their construction work. However, the petitioners will do strutting and shoring as per the IOD conditions.
3. In view of the above, the following order is passed :-
a. The Petitioners shall carry out construction work of the tower on their plot after a period of two weeks after ensuring that the work of strutting and shoring is carried out as per the IOD conditions under the supervision of a Government Recognized Structural Engineer.
b. The MHADA shall within two weeks take all necessary steps as stated by learned Counsel for the MHADA and recorded hereinabove. The local Police shall if required provide all assistance to the MHADA.
3. The Writ Petition is accordingly disposed of.
4. Though the above Writ Petition is disposed of, place the mattter on 28 th January, 2020 to report compliance.
( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. )
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