Mumbai: The Bombay high court on Friday directed BMC not to take coercive action against illegal buildings in Sion-Koliwada until such time the matter is heard by the regular bench of the court. The court however also asked petitioners to give an undertaking that they would continue to occupy their premises at their own risk, and civic officials would not be held responsible if any untoward incident occurs, as, according to the BMC, these buildings are dilapidated and dangerous to live in.
The vacation bench of justice B.P. Colabawalla and justice A.M. Badar granted relief to residents of 25 buildings at GTB Nagar in Sion while hearing their petitions filed through advocates Anand Jondhale and Vashoda Jondhale. The petitioners had contended before the court that BMC has declared their buildings dilapidated without conducting a structural audit and hence, the decision to dispossess them and demolish the buildings without providing them with alternative accommodation is unwarranted.
On the other hand, senior counsel Anil Sakhre on behalf of BMC justified the civic body’s action. After hearing all the arguments, the bench granted interim relief to the petitioners and posted the matter for hearing on June 7.
The bench observed, “In the meanwhile, the action of demolition/dispossession and disconnection of electricity and water supply shall not be taken by the BMC till the next date, subject to members of the petitioners’ societies filing an undertaking in this court stating that they will continue to occupy the respective premises at their own risk.”
“This undertaking to further state that in the event of collapse of any of the buildings or part thereof, they shall solely be responsible for the loss of life and property of third parties and statutory authorities including the BMC shall not be held in any way responsible,” the bench said.
