Bombay High Court
Golden Seksaria Welfare Association, ... vs The Municipal Corporation For Greater ... on 20 March, 2020
Author: M. S. Karnik
Bench: M. S. Karnik
909. aost 1847.20.doc
Urmila Ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER STAMP NO. 1847 OF 2020
WITH
INTERIM APPLICATION NO. 01 OF 2020
WITH
INTERIM APPLICATION NO. 02 OF 2020
Golden Seksaria Welfare Association .. Appellants
Vs.
The Municipal Corporation of
Greater Mumbai and ors. .. Respondents
Mr.Jagdish Narayan Jayale, for Appellants/Applicants.
Mrs.Madhuri More, for MCGM.
Mr.Rahul Pandey a/w Ms.Aneeta Vasani, for Respondent No.5.
Mr.Pradeepkumar S.Pathak, Assistant Engineer (B&F), K/E. Ward
present.
Mr.Sandip Tetgare, Sub - Engineer, (B&F), K/E. Ward present.
CORAM : M. S. KARNIK, J.
DATE : 20th MARCH 2020
P. C. :
Heard learned Counsel for the appellants, learned Counsel for the respondent No.5 and learned Counsel for the MCGM.
2. From the report of the Technical Advisory Committee (for 1
909. aost 1847.20.doc short 'TAC'), it appears that the building is in dilapidated condition and requires to be pulled down. Learned Counsel for the appellants relied upon the report which has been submitted by the structural consultants appointed by the tenants and argued that there is huge difference in the core test result which necessitated the TAC to carry out separate core test from Accredited Laboratory. Accordingly further report was obtained on the basis of which the TAC formed the opinion that the building needs to be vacated and demolished.
3. Learned Counsel for the appellants on instructions of the occupants submits without prejudice to their contentions on merits, all the occupants are willing to file undertaking to this Court that they will vacate the building in question on or before 31/03/2020 on their own. It is made clear that in case the building is vacated as per the undertaking by the occupants on or before 31/03/2020, the Corporation/Owner shall not proceed with the demolition till further orders of this Court.
4. As the occupants are willing to give an undertaking that 2
909. aost 1847.20.doc the occupants of the building/ appellants are willing to vacate the building on or before 31/03/2020, considering the present situation, it would be in the interest of justice if the water and electricity is restored forthwith.
5. Learned Counsel for the Corporation stated that the electricity is provided by Adani Electricity Limited. It is however pointed out by learned Counsel for the appellants that the electricity was disconnected on 06/02/2020 at the instance of the Corporation on the ground that building is in dilapidated condition and required to be pulled down. The Corporation forthwith to intimate to Adani Electricity Limited to restore the electricity connection. The Corporation to forthwith restore the water connection to the building in question.
6. It is made clear and even learned Counsel for the appellants stated on instructions of the appellants that the occupants are residing in the said building at their own risk and will not hold any one including officials of the Corporation responsible in the event 3
909. aost 1847.20.doc of there being any mishap. Learned Counsel for the appellants would further submit that there is already an undertaking filed before the trial Court which the appellants are willing to continue & abide by the same for the purposes of these proceedings. The statement is accepted.
7. It is made clear that the Corporation and the owner shall not proceed to demolish the building after the same is vacated on or before 31/03/2020 by occupants till further orders of the Court.
8. It is further made clear that in case the appellants / occupants of the building do not vacate the building in terms of undertaking to be filed on or before 26/03/2020 or if the undertaking is not filed by all occupants on or before 26/03/2020, then the Corporation is free to take further action in terms of the report of the TAC.
9. List the matter on 01/04/2020 for consideration on merits of rival claims.
4
909. aost 1847.20.doc
10. This order is passed in the peculiar facts of this case in view of the undertaking to be filed & on the next date of hearing, the question whether TAC report & the order of the trial Court is to be upheld or otherwise will be considered whereafter further appropriate directions would be issued if necessary. Stand over to 01/04/2020. Parties to act upon authenticated copy of this order.
[M. S. KARNIK, J.] Digitally signed by Urmila Urmila P. Ingle P. Date:
Ingle 2020.03.20
15:04:41
+0530
5