Giving an ultimatum to the residents of Gulistan Apartments in Pydhonie in south Mumbai to vacate it by January 31, the Bombay High Court has said that it will not allow illegal constructions to flourish.
A division bench of Chief Justice (CJ) Dipankar Datta and Justice MS Karnik gave the ultimatum while hearing a suo moto (on its own) petition against illegal constructions.
Since 2020, the HC has been granting time to 90 families residing in the building to vacate the building. The court had also asked the Brihanmumbai Municipal Corporation (BMC) not to undertake demolition. Besides, the residents were directed to give an undertaking in writing that they vacate the premises.
Initially, they were given time till June 2020 to vacate the premises. However, following the lockdown in view of the Covid 19 pandemic in March 2020, the HC had stayed with all the orders regarding demolition of structures and eviction of tenants of such structures. When things started to normalise, the HC had vacated its stay from October 11, 2021.
On January 27, the advocate for the occupants, Yash Tiwari, requested the judges to show mercy towards the occupants. Tiwari is the third advocate to appear before the HC on behalf of the occupants.
Taking note of this, the HC said: “(Mr Tiwari)… advances arguments of like nature previously advanced by learned advocates earlier engaged by the occupants of the subject building and which, by our previous orders, have not been accepted.”
Despite giving the undertaking, the occupants did not vacate the premises and Tiwari argued on their behalf seeking mercy. “We, therefore, find no reason to accept the arguments of Mr Yash Tiwari (seeking mercy),” observed the HC.
Emphasising that the building is “absolutely unauthorized”, the HC said that sufficient time has been granted to the occupants to vacate the same.
“Orders passed earlier would reveal that the subject building is absolutely unauthorized and sufficient time had been given to the occupants to vacate the same. In terms of the order dated November 15, 2021, passed by us, the occupants were allowed to remain in occupation of the subject building, as the last chance, till December 31, 2021, and not beyond,” said HC. the court had sought a compliance report from BMC by January 3.
The court had further said that in case the building was not vacated, then it would pass appropriate orders to “secure vacation of the subject building as well as its demolition”, along with initiation of “contempt”.
Expressing displeasure that the occupants had not vacated the premises despite giving an undertaking to the court on an affidavit, the HC said that “prima facie (on the face of it), the occupants are in contempt by breaching the terms of the undertakings given by them”.
The court, however, said that it does not “propose to initiate action in contempt right now”.
Giving one last chance to vacate by January 31, the HC has granted liberty to the BMC to “take all such steps” which are necessary to secure vacation of the building, “including disconnection of water supply and electricity” with effect from February 1, 2022.
The court has said that in case the occupants seek some extra time, then the BMC will be at liberty to give such occupant “some breathing time”, but not beyond February 14, 2022, to vacate the building.
If the subject building is vacated by February 15, 2022, the BMC shall be at liberty to proceed for demolition thereof.
The HC has kept the matter for reporting compliance on February 28.
The PIL
In 2017, a PIL was filed by one Tushar Guru Salian pointing out that a four-storied building, Gulistan Apartment, has been constructed without any plan having been sanctioned for such construction by the BMC. He prayed for the demolition of the building.
Some of the residents then approached HC against the PIL. By October 2019, when the PIL was disposed of, 10 floors of the building were constructed. In that, the HC had directed the residents to give an undertaking that they will vacate the building by June 2020 and BMC was asked to go ahead with the demolition.
However, all actions were stayed following the imposition of lockdown due to the Covid-19 pandemic.
The government suspended three civic officials, including an assistant commissioner, for allegedly failing to discharge their duties and stopping them from coming up.
Gulistan is situated close to the site of a building collapse, that of a portion of Kesarbai Mansion, on July 16, 2019, which killed 13 people.
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