Iron rod from metro bridge pierces man’s head: Bombay HC seeks swift action on high-rise safety across Maharashtra
The Court directed the BMC to provide guidelines of the expert committee for state government's consideration and several planning authorities can implement the same across Maharashtra.
The Bombay High Court on Thursday raised concerns over lack of safety measures to prevent objects falling from under-construction high-rise buildings, citing a recent incident in which an iron rod from under construction metro bridge fell and pierced a man’s head in an autorickshaw in Bhiwandi.
The Court directed the BMC to provide guidelines of the expert committee for state government’s consideration and several planning authorities can implement the same across Maharashtra.
On August 5, a long iron rod allegedly fell from the under-construction bridge on the Metro Line 5 (Thane-Bhiwandi-Kalyan), that pierced the head of the auto-rickshaw passenger in Bhiwandi area.
A division bench of Justice Girish S Kulkarni and Arif S Doctor revived already disposed of petition by Lokhandwala Residency Towers Cooperative Housing Society related to the February, 2023 incident in which 2 persons were killed as the large cement block from 52nd floor of the nearby under construction project fell on them.
The HC in 2023 had observed that it was ” deeply pained” by the said incident and expressed hope that “none of the high-rise constructions in the city of Mumbai should make people vulnerable and prone to such accidents, in which innocent people would get hurt or lose their lives.”
The HC had observed that if “a right of a person to move freely” is threatened, it “would certainly amount to violation of their fundamental rights”
The court, in “larger societal interest,” had then appointed an expert committee of architects, structural engineers and a senior technical officer to be nominated by BMC to formulate and implement safety norms. It had also directed that the state Urban Development Department (UDD) shall expeditiously act upon BMC’s proposal to implement such guidelines.
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On Thursday, the bench was informed about such a committee and measures suggested by it in respect of high-rise constructions using cranes and those vulnerable to public safety.The HC said now the concern before it was to ascertain if the same were “being strictly adhered to.”
The HC said that although it had disposed of the plea, its concern was “resurrected” due to the recent accident in Bhiwandi.
“If our directions of such reports of the committee being circulated by the UDD were to reach all these municipal corporations and be implemented, the plight possibly would have been different. All these construction sites, as we see from the photograph and the news report, show that there is free access to public and traffic below the construction site,” the judges noted.
They added, “And such an incident had taken place because adequate precautions were not taken to safeguard human lives by having measures to prevent objects falling from the high-rise construction.”
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The bench then directed BMC to place on record the concerned guidelines for state’s consideration so that they can be implemented by several civic planning authorities across Maharashtra and appropriate orders can be passed by the HC.
“Certainly these measures are in larger public interest and therefore expeditious action in this regard is required to be taken,” the HC noted and posted further hearing to August 12.
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
