‘Rule of law must prevail’: SC upholds Bombay HC order to vacate top 18 floors of Tardeo-tower without OC

The HC had clarified that members residing on 17 to 34 floors “would be entitled to occupy the tenements, only after OC is granted.”

Dismissing the special leave petition (SLP) filed by Willingdon View Cooperative Housing Society challenging the HC order, the SC bench of Justices J B Pardiwala and R Mahadevan on August 1 appreciated “courage and conviction exhibited by the High Court in taking stern steps against such unauthorised constructions.”

“Sympathy towards the occupiers of such flats on the ground of hardship and difficulties at the end of the court would be thoroughly misplaced. At the end of the day, the rule of law must prevail,” the SC in its order noted.

A division bench of Justices Girish S Kulkarni and Arif S Doctor of the Bombay HC on July 15 passed the order. The matter pertained to the high-rise occupied by 50 flatbuyers out of a total 62 flats. The bench had said that it will hear issues pertaining to the first to 16 floors on the next date of hearing.

The HC had said that the residents of the tower situated at a prime locality in south Mumbai indulged in “brazen illegalities” for years and were least bothered about their own and others’ lives. “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 HC said.

The Justice Kulkarni-led bench had rejected a request by the society to stay operation of the order citing a SC order in Campa Cola case.

Aggrieved by the same, the society approached the SC, which perused material on record and refused to interfere with “a very well-considered, bold and lucid judgment delivered by the Bombay High Court” and appreciated concerns expressed by HC.

The SC bench led by Justice Pardiwala said that if the petitioners wanted some time to vacate the premises, they may go back to the HC and make a request, and the HC shall ensure that all its directions are “scrupulously complied with”.

“Necessary legal action shall also be taken against the wrongdoers and erring officials if any. The Special Leave Petitions stand dismissed,” the SC held.

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