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This is an archive article published on September 24, 2020

Bhiwandi building collapse: HC takes suo motu cognizance of dilapidated buildings in MMR, seeks reply from state, civic bodies

The government and the civic bodies will have to inform the HC about steps being taken to keep a check on illegal constructions and dilapidated buildings within two weeks.

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Taking suo motu cognizance of Monday’s building collapse incident in Bhiwandi, which has claimed 38 lives, the Bombay High Court on Thursday initiated a public interest litigation (PIL), seeking reply from all the seven municipal corporations in the Mumbai Metropolitan region (MMR), including BMC, and the state government on concerns it has raised.

The government and the civic bodies will have to inform the HC about steps being taken to keep a check on illegal constructions and dilapidated buildings within two weeks.

The Jilani building at Patel compound in Bhiwandi had collapsed around 3.15 am on Monday. The toll had reached 38 on Wednesday, with 17 of the deceased being children.

A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni issued the instructions while hearing a PIL that raised the issue of a dilapidated building in Kalyan-Dombivali.

Chief Justice Datta said, “We have noted with utmost concern that the building (Bhiwandi) has collapsed. It is very serious. There has been substantial loss of lives. I have been told the situation is the worst in Mumbai. I have been told that there are many dilapidated buildings in the jurisdiction of BMC and adjoining municipal corporations.”

“Therefore, we are initiating a suo motu PIL and making all the municipal bodies, including Mumbai, Thane, Kalyan-Dombivali, Navi Mumbai, Vasai-Virar and Bhiwandi-Nizampur municipal corporations, respondents to the PIL,” the CJ added.

Justice Kulkarni said that authorities should ensure none of the “unscrupulous persons” involved in illegal constructions get away from being probed.

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The bench directed Advocate General Ashutosh Kumbhakoni to inform the court what measures the government intends to take and what had been done earlier about such dilapidated buildings and illegal structures. It also asked Kumbhakoni to remain present for the next hearing on October 15.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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