Mumbai: The Bombay high court said that rooftop policy passed by the Brihanmumbai Municipal Corporation (BMC) needs to reconsidered and should be put into implementation only after the proposed commercial area of the rooftop has been screened and cleared by the experts. The high court added that only after ensuring that the safety measures are in place, the policy should be implemented. The court observed, “It will be appropriate to have the scrutiny of the policy by the independent committee, certain issues which probably need to be considered appears to have been neglected.”
The court also clarified that its independent committee would see whether, the roof top policy of the BMC is violating rights of the occupants of the building to use the common area as contemplated by Maharashtra Ownership Flats Act, Maharashtra Apartment Ownership Act and the Real Estate Act.
During the hearing, the BMC counsel told the court that BMC commissioner has appointed a three-member committee consisting city engineer of the corporation, deputy municipal commissioner and deputy chief engineer of the corporation for further investigation.
But the court said that prima facie involvement of BMC officer and state couldn’t be ruled out, therefore ensuring that no criticism is levelled against the committee and to maintain transparency, independent committee unconnected with the affairs of the BMC and state needs to be appointed.
