Bombay HC to BMC commissioner: ‘Determine if 5 buildings in Mandvi were constructed with requisite permissions’https://indianexpress.com/article/cities/mumbai/bombay-hc-to-bmc-commissioner-determine-if-5-buildings-in-mandvi-were-constructed-with-requisite-permissions-5932554/

Bombay HC to BMC commissioner: ‘Determine if 5 buildings in Mandvi were constructed with requisite permissions’

“Such floors, which are found to be illegal, if at all, shall be demolished,” the court said while asking the commissioner to comply with the order within four months.

“Such floors, which are found to be illegal, if at all, shall be demolished,” the court said while asking the commissioner to comply with the order within four months. (Express Photo by Pradeep Kocharekar/File)

The Bombay High Court on Friday directed the BMC commissioner to determine whether five buildings at Mandvi near Masjid Bunder, which allegedly have undertaken illegal extensions, were constructed after seeking requisite permissions. The court said that if such buildings are found to be illegal, they shall be demolished.

“Such floors, which are found to be illegal, if at all, shall be demolished,” the court said while asking the commissioner to comply with the order within four months.

The court was hearing a PIL filed by Ayub Memon, a social worker and NCP’s south Mumbai district chief, alleging that the five buildings have carried out “gross unauthorised construction”.

The petition stated that initially, sanctions permitting construction of ground and between two to four floors were granted. But without obtaining BMC’s nod, under the garb of repairs and with permission from the MHADA — that too for repairs in only two buildings — nine to 11-storey structures were built in the five buildings, it alleged.

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The petitioner’s lawyer argued that while a plot of land falling under MHADA’s jurisdiction simply requires its permission to carry out construction or re-construction on it, the final plans have to be sanctioned by the BMC. The court was also informed that in a recent building collapse incident in Dongri, near Masjid Baunder, 10 people were killed.

A bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre noted that construction or re-construction has to be done as per plans sanctioned by the BMC and that these five buildings fall within the civic body’s jurisdiction.