Shocking that well-placed educated persons ‘illegally’ reside in Tardeo high-rise risking lives, BMC can’t shut eyes: HC

A bench of Justices Girish S Kulkarni and Arif S Doctor was hearing a batch of pleas pertaining to the tower of Willingdon View Cooperative Housing Society, Tulsiwadi, Tardeo occupied by 50 flat purchasers of total 62 flats.

On June 30, the HC had noted that there were ‘glaring illegalities’ in the building as it did not have any fire NOC or any approval from the Chief Fire Officer (CFO) of the BMC and there was no Occupation Certificate (OC) granted for nearly half of the floors (from 17 to 34).

The HC had slammed the BMC for failing to take drastic action against ‘daylight violations’ and had said that prima facie the families were living ‘illegally’ at their own risk and consequences.

On Thursday, senior advocate S U Kamdar for BMC submitted that as per primary assessment as far as fire NOC was concerned, there cannot be any ‘compromise’ or ‘regularisation’ and the society will have to remove the offending portions and correct the same as per fire requirement as sufficient Floor Space Index (FSI) was available on the plot for the same. He added that in case of OC, certain approvals are required to be availed from Commissioner, after which there can be a regularisation if permissible.

“If fire NOC is non-negotiable, then what would be the status of the present residents? It is a ‘serious issue’ on which we really want to pass appropriate orders. What would be the stand of the corporation on a building which is being occupied without fire NOC? What should be the status of all such occupiers and what steps should be taken? Can they continue to reside? This is going to set an example to all those buildings and high-rises across the city,” the bench orally remarked.

The judges added, “We want to hear from the BMC whether it should consider this casually by saying that you (occupiers) please continue… Is BMC going to shut your eyes or are going to take some action? We want BMC to be impeccable in implementing rules and regulations.”

Kamdar said that BMC had taken action and had issued several notices to the society.

“We want a statement on affidavit as to what should be done as on date when the fire NOC is not there. If clear stand is not there, we will interpret that it is a tacit approval and this appears to be the general policy of the Municipal Corporation and all buildings which are occupied without fire NOC, they can continue to do so and lives of the people can be risked in this manner,” the bench said.

“They (occupiers) are a society of well-placed educated people who continue to reside in a building, which poses such a grave risk to the lives of their families…it is shocking. We are concerned with a larger issue…. We are not going to permit any illegality to happen in any building. Because, things ought not to be looking as if it is beyond a municipal corporation to handle this situation in the city. Every time it should give an impression that SRA, MHADA, BMC or other municipal corporations are least bothered about law and everything comes to the court,” the bench added.

It said it would not permit occupation without OC and suggested the flat owners make “alternative arrangements for temporary residence.” The HC posted the matter to July 10.