Bombay HC orders top 18 floors Tardeo-high-rise residents to vacate flats without Occupation Certificate

“Such an approach which is wholly contrary to law, cannot be countenanced, in fact, it would set an example to perpetuate illegalities. It needs to be deprecated,” The Court clarified that the said persons will be entitled to occupy respective flats or tenements on 17th to 34th floor “only after OC is granted” by following due process of law.

A bench of Justices Girish S Kulkarni and Arif S Doctor passed an order on July 15 (Tuesday) while hearing a batch of pleas pertaining to the high-rise occupied by 50 flat purchasers of total 62 flats, which was made available on Saturday night. The bench rejected a request by senior advocate Dinyar Madon for housing society that sought stay on operation of the order citing Supreme Court order in Campa Cola case. The HC noted that during earlier hearings, the members occupying “illegal” flats from 17 to 34 floors were “emphatically” told to make alternate arrangements.

The bench further said that there cannot be a plea “more audacious” than the one seeking permission to occupy flats without OC as it would lead to “regime of complete lawlessness.”

Senior advocate S U Kamdar for BMC said it had issued several notices in respect of 17 to 34 floors to vacate their premises and said that the construction was required to be restored in conformity with originally submitted plans He argued that permitting occupancy on 17 to 34 floors would be against the law and in fact the entire building was required to be sealed for not having fire NOC. The HC said that while it will hear the plea in regard to those who occupy 1st to 16th floors having part-OC during next hearing, the BMC “shall stay its hands in resorting to any demolition, under the notices and insofar as the illegal constructions in respect of which notices were issued.”

However, Justice Kulkarni for the bench “unreservedly” noted that in view of its observations and earlier orders, it “did not approve the members continuing their occupation in the absence of the Fire NOC to the building even in regard to the 1st to 16th floors which has no fire clearance or approval from the Fire Department, by way of a Fire NOC.”

The HC refused a plea to continue the earlier interim protection order of March 20, 2025 for another year to take corrective measures for regularisation and vacated the same.

“We would be justified to say that the flat purchasers who have taken law into their own hands in occupying construction which has no OC, are a selfish lot, who not only with open eyes are acting contrary to the building regulations but also have means, to defeat legal actions being taken by BMC, by indulging in several statutory violations, which can never be permitted,” the judges recorded.

“Merely for the reason that the developer, and the society and its members have resources in abundance, to first resort to illegalities and then by every possible means try to protect the illegalities ought not to prevent the Municipal Corporation to take an appropriate action as the law mandates,” the HC added and posted further hearing to July 29.