HC wants to hear Navy,SRA in Worli building dispute

Renuka Shah (42),wife of the flat owner,Sanket Shah,stated in her petition that BEST officials cut off the power supply to the building on May 5 without any show cause notice or valid permission from the authorities.

The BEST’s counsel had told the court that the action was justified as the government had declared the building “a security threat”.

The vacation bench on Wednesday asked the BEST as to what provision of law give it the powers to cut off the power supply. The judges asked if the order has been passed by any specific authority. Lawyer appearing for the BEST said the undertaking had the power to do so.

Petitioner’s lawyer Raju Subramaniam contended that BEST was not an enforcing authority for the Navy. The Navy can’t issue a mere letter apprehending security threat. Only the Home department can issue such directions,Subramaniam said.

However,during the course of arguments,it was pointed out that a stop-work notice was served on the building way back in 2008.

“Was (construction of ) the building completed after serving the stop-work notice?” the court wanted to know. The court observed that admittedly there was no occupation certificate and that the occupants have taken possession fully knowing this fact.

The petitioners as well as the developer today did not produce the relevant documents which the court had sought.

The court has now directed the petitioners to implead Navy,SRA and the state government as parties to the petition before the next hearing on Friday.

The Western Naval Command has been writing to the SRA since 2005 to stop the construction of the building due to its proximity to the naval base.

The letter stated that “INS Trata is responsible for the defence of the city and stores weapons. It’s role will be adversely affected by the construction of the highrise in its vicinity.”