Bombay High Court
Vasanti Vasant Gurav Of Legal Heirs Of ... vs Municipal Corporation Of Greater ... on 29 May, 2019
Author: N.J. Jamadar
Bench: Bharati Dangre, N.J. Jamadar
1 916-wpl-1639-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION LODGING NO. 1639 OF 2019
Mrs. Vasanti Vasant Gurav & Ors. .. Petitioners
Vs.
Municipal Corporation of Greater Mumbai and .. Respondents
Mr. Shirin Shaikh I/b Karishma Shirke Pedwal for petitioners.
Ms. K.H. Mastakar - MCGM
Mr. Keshav Borhade I/b Mr. Shelke- Respondent No.3.
CORAM : Smt. BHARATI DANGRE
& N.J. JAMADAR, JJ.
DATE : 29th MAY 2019
(VACATION COURT)
P.C.
1 On 25th September, 2018, the Technical Advisory Committee,
in pursuance of the directions issued by this Court in Writ Petition No.1180/2015 had submitted a report. The report discloses that one member of the Committee had expressed an opinion that the building is repairable though the cost of repairs would be very high. The other members of the Committee opined that since there is no support of any analysis to hold that the structure is repairable, it is concluded that the structure be categorized as C-1. In the conclusion the committee observed that occupants will be free to approach Hon'ble Court with specific report and the due analysis from I.I.T, V.J.T.I or S.P College of Engineering and Ashwini. G., PA 1/3 ::: Uploaded on - 29/05/2019 ::: Downloaded on - 30/05/2019 03:23:14 ::: 2 916-wpl-1639-2019.doc seek appropriate orders for repairs, if any, and till then the structure would be categorized as "C-I". It is not in dispute that no steps have been taken in furtherance of the said report dated 26 th September, 2018. In the light of conflict of opinion, it would be most appropriate to refer the matter and seek advice of the expert body like IIT and VJTI.
2 Learned Counsel for the petitioners make a categorical statement that they are ready to bear the expenses and in fact they approached to the VJTI and sought their indulgence. In such circumstances, the Corporation is also directed to expedite such process by making reference to VJTI by making available the committee report and the other material on the basis of which its opinion was delivered. The said exercise be expedited by making reference to the expert committee. In the mean time, it is informed by the learned counsel that the petitioners are residents of Wing-D and the other inhabitants of the said building, who were evicted on 17th May, 2019, have already re-occupied the premises. In such circumstances, we deem it proper that the matter be referred to expert agency and in the meanwhile, the parties are directed to maintain status quo.
3 Since the petitioners have agreed that they are ready to bear the expenses, the respondent Corporation shall take expedite steps to Ashwini. G., PA 2/3 ::: Uploaded on - 29/05/2019 ::: Downloaded on - 30/05/2019 03:23:14 ::: 3 916-wpl-1639-2019.doc obtain the report from VJTI. The petitioners should also submit an undertaking in this court within a period of 3 days that they continue to reside in the said building subject to their own risk and consequences. 4 Stand over to 7th June, 2019.
[ N.J. JAMADAR, J. ] [ Smt. BHARATI DANGRE , J. ] Ashwini. G., PA 3/3 ::: Uploaded on - 29/05/2019 ::: Downloaded on - 30/05/2019 03:23:14 :::