The builder of the Indira Niwas building in CBD Belapur, Navi Mumbai, which collapsed on July 27 and killed three occupants while injuring two others, has had his request for pre-arrest bail denied by the Bombay High Court.
“The (preliminary) inquiry reveals the applicant’s role in the crime and highlights concerns regarding the role played by the corporation’s involved departments in permitting the illegal building to remain in place for such a long period of time.
In the Sept. 2 judgment, Justice R N Laddha stated that “a thorough investigation is necessary to uncover the circumstances surrounding the building’s construction and prolonged unauthorised status.”
Shahbaz village’s four-story building housed three stores and seventeen apartments. Amidst the early hours, 55 occupants, comprising 16 children, were able to escape the building upon hearing sounds similar to cracks. At 3:30 in the morning, it toppled. Still, five locals were stuck. Mahesh Kumbhar was charged with several offenses under the Bharatiya Nyaya Sanhita section by the NRI Sagari police station, including culpable homicide that does not qualify as murder.
The Navi Mumbai Municipal Corporation (NMMC) conducted an investigation and found that Mahesh Kumbhar and Sharad Waghmare, the other defendants, “had knowingly constructed the building using inferior materials, disregarding its structural integrity and putting the lives of its residents at risk.” Although Kumbhar had provided funding for the building, his partner Vijay Gawade was exclusively in charge of its construction and upkeep, according to Kumbhar’s attorney. He added that the continuous hammer work in the building next door was the real cause of the damage. He added, “My client is innocent and has been wrongly accused.” The prosecution claimed that Kumbhar did nothing when he was given demolition notices.
Source: The Times of India