BMC, Mhada must act responsibly: Bombay HC

Bombay High Court Criticizes BMC and MHADA Inaction on Dilapidated Buildings

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The Bombay High Court has expressed its growing concern over the rising number of building collapses in the past year. The court has explicitly stated that authorities such as the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Housing and Area Development Authority (MHADA) must demonstrate greater responsibility instead of deflecting blame onto one another.

This directive was issued by a bench comprising Justices VM Kanade and MS Sonak during the hearing of a petition filed by Hare Krishna developers. The developers sought a directive compelling MHADA to facilitate the removal of tenants from a 90-year-old building deemed to be at imminent risk of collapse.

Redevelopment Dispute Highlights Inter-Agency Blame Game

The developer holds a deed for the redevelopment of the aging structure, and while 70 percent of the tenants have consented to the plan, the remaining 30 percent refuse to vacate the premises. This is despite assurances from the builder to provide rental accommodations in alternative housing.

Although the BMC and the fire department have granted their approvals, MHADA officials insist that the builder must secure alternate accommodation for all tenants before proceeding. The precarious condition of the building and its potential for imminent collapse are acknowledged facts. The unfortunate reality, the court observed, is the apparent effort by officials from MHADA and the BMC to shift blame to each other and the petitioner for delays in evicting the uncooperative tenants.

Court Mandates MHADA Investigation and Action

The court unequivocally stated that the current situation, with MHADA and BMC officials attempting to place blame on each other and the petitioner for the delay in evicting non-compliant tenants, is unacceptable. "Its is unfortunate that Mhada and BMC officials are trying to put blame on each other and the petitioner for delay in evicting the tenants who are not cooperating." The bench directed MHADA to conduct a thorough investigation into the matter. MHADA is mandated to deliver appropriate orders within two weeks.