Bombay HC: Work carried out at under-construction highrise dangerous for people living near it
The petitioners stated that they live in the bungalow Hill Side Villa at Nepean Sea Road and a 32-storey highrise Aashiana was under construction adjacent to the bungalow.
A division bench of Justice A S Oka and Justice R I Chagla observed that prima facie it appears the work carried out could be dangerous for the petitioners living in the bungalow and passersby.(File)
The Bombay High Court on Thursday observed that the work carried out on an under-construction highrise at Nepean Sea Road could be dangerous for people “living near it and to the passersby”. A petition seeking action against the builder was filed by former Attorney General of India Soli Sorabjee and his son Dr Jehangir Sorabjee, head of the department, Medicine, at the Bombay Hospital Institute of Medical Service. The court asked the Assistant Commissioner of the ‘D’ ward to inform the court about the action taken against the builder so far.
The petitioners stated that they live in the bungalow Hill Side Villa at Nepean Sea Road and a 32-storey highrise Aashiana was under construction adjacent to the bungalow. The petition alleged that the construction of the highrise, that started in 2006, has caused damage to their bungalow.
A division bench of Justice A S Oka and Justice R I Chagla observed that prima facie it appears the work carried out could be dangerous for the petitioners living in the bungalow and passersby.
The court passed an order, directing Assistant Commissioner of ‘D’ ward to make an immediate visit to the site and assess any immediate danger. “We direct Assistant Commissioner of ‘D’ ward, Executive Engineer and Deputy Chief Engineer to file affidavit setting out the action initiated and if not, then state the reasons why not,” the bench said Thursday.
Sorabjees’ lawyers Pralhad Paranjape and Nikhil Sakhardande requested the court to direct the Executive Engineer and Deputy Chief Engineer to act against the builder before monsoon and to remove the faulty plaster, re-plaster and all the metal decorative elements from Aashiana that are damaging the bungalow.
Lawyer Yadunath Chaudhari, representing Rohan Lifespaces, told the court that they are taking steps to replaster and repaint the building. Chaudhari told The Indian Express that they have put up a net for safety two to three months back. The case will be heard on March 26.
On October 1, 2015, a member of the petitioners’ family also made a complaint to the Malabar Hill Police station stating, “A big cement slab was thrown on the roof of their bungalow damaging the tiles.” In March 2016, a long steel rod crashed onto the roof of the bungalow from one of the higher floors of Aashiana and it pierced through the bungalow’s tiled roof, the petition stated.
Sorabjees had informed the Municipal Commissioner about the damage and requested him to initiate investigation. The plea states that in May 2016, the Municipal Commissioner informed the petitioners that a civic staff member had visited the site and observed that the occurrence of the incident was due to non-existence of a safety net. On May 13, 2016 the BMC issued a show cause notice to the builders and told them to adopt all safety measures under the supervision of a registered structural engineer.
According to the petition, another incident was reported on August 5, 2016, when a large portion of cement plaster came crashing from the 30th floor of Aashiana, which damaged the roof of the bungalow, staff quarters, the car shed and four cars. The petition states Rohan Lifespaces agreed to carry out the repairs for the damage but no work was carried out.
Share
