2013 building collapse case: No sanction to prosecute him, court discharges BMC engineer

On September 27, 2013, Babu Genu building at Mazgaon had collapsed causing the death of 61 persons and severe injuries to over 30.

Remembrance ceremony of the Babu Genu building collapse. (Express archive photo)

An Executive Engineer of the BMC was discharged by the sessions court on Monday from a case related to a building collapse in 2013, in which 61 people had lost their lives, after no sanction was granted to prosecute him.

The sessions court discharged Mahendra Patel, who was the executive engineer of the BMC in 2013, stating that the trial against him cannot proceed since the competent authority had not granted a sanction to prosecute him. The competent authority in this case was BMC commissioner Iqbal Chahal, who refused to grant sanction to prosecute Patel last year stating there is no evidence to indicate any criminal mind or intention on the part of civic officials regarding the collapse.

A sanction is required under section 197 of the Criminal Procedure Code for prosecution of public servants in offences alleged to have been committed by them while acting in discharge of their official duties.

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On September 27, 2013, Babu Genu building at Mazgaon had collapsed causing the death of 61 persons and severe injuries to over 30. Patel, who was then executive engineer of the Planning and Design department, was booked along with 10 others in the case.

The police had alleged that despite the building being in a dangerous condition, it was not repaired on priority basis by civic officials. Officials had contended that notice was issued to the residents to vacate the building. Patel had also faced arrest in 2013.

Patel’s lawyer, Ashwin Thool, informed the court that the competent authority had rejected the proposal to grant him sanction and the Mumbai police was informed about it in March 2021. The police told the court that they were pursuing the authority again for valid sanction.

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