The Bombay High Court has ordered occupants of Vijay Industrial Estate in Goregaon East to leave the premises within three weeks, citing serious safety risks posed by the ageing structure.
The 53-year-old industrial building, situated on IB Patel Road, was constructed in 1973. A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna issued the directive on Thursday while dismissing a petition filed by seven occupants challenging the Brihanmumbai Municipal Corporation’s (BMC) demolition notice.
“The building in question is in a precarious, unsafe condition and needs to be repaired at the earliest for the simple reason that it is unsafe for human habitation,” the bench observed.
The civic body classified the property under the C-1 category on September 3, following a structural audit that described the building as “not safe” and in “a highly critical condition”.
Court Rejects Demand for Further Structural Audit
The occupants approached the High Court to contest the BMC’s decision. However, Vinod Mukund Meher, chairman of the cooperative society, opposed their plea through advocates Abhijeet Desai and Meezan Patel. They argued that the society had acknowledged the building’s deteriorated condition and C-1 classification in April, making the occupants’ subsequent opposition inconsistent.
The judges said the petitioners had failed to present sufficient grounds to disregard the structural audit findings.
The bench also considered a report by a court-appointed commissioner who inspected the premises and described the structure as “in a dilapidated and hazardous condition”. The report recommended evacuation followed by demolition to prevent possible loss of life.
Rejecting the demand for another independent structural assessment, the court warned that repeated audits could prolong proceedings simply because existing findings did not satisfy certain occupants.
Public Safety Takes Priority
The judges said delaying action could endanger residents as well as members of the public.
“The historic buildings in Mumbai are a reminder of the rich and aesthetic architectural styles of the city,” the bench noted, stressing the importance of preserving buildings while ensuring structural safety under the Mumbai Municipal Corporation Act, 1888.
The court directed the occupants to vacate within three weeks, prioritising public safety amid concerns over the building’s hazardous condition.
Source: Hindustan Times
