October 23, 2025: The Bombay High Court has taken strong exception to a decade-long delay in obtaining mandatory fire and occupancy clearances for a 16-storey residential building in Kandivli (W), stating that the builder had “played with the lives of the residents.”
A division bench of Justices Ravindra Ghuge and Ashwin Bhobe, in an order dated October 13, directed Ravi Foundation Builders & Developers and its partners, Ketan Shah and Jayesh Shah, to secure a Fire Clearance Certificate (FCC) within the Brihanmumbai Municipal Corporation’s (BMC) stipulated deadline. Failure to do so will result in a penalty of Rs 50,000 per day. The court further ordered the builder to obtain an Occupancy Certificate (OC) by December 31, warning that if they failed, “the corporation can proceed to auction the entire 15 and 16 floors” occupied by them.
The order came in response to a plea filed by eight flat owners of the C wing of Gaurav Palace, who sought directions for the builder to comply with the Maharashtra Fire Prevention and Life Safety Measures Act and the Mumbai Municipal Corporation Act. The residents, who handed possession in 2015, could not officially occupy their flats as the 16th floor was built without approved plans and permissions.
Advocate Rajneesh Jaiswal, representing the residents, informed the court that no firefighting systems were installed and that the builder had sold flats without an OC while illegally occupying the top floors. The BMC’s counsel said the builder had sought a 20-day extension to secure the FCC, originally due on October 18.
The judges observed, “For 10 years, without an OC, rights have been created in the purchasers… The builder cannot continue to ride on luck.” The court directed that any fines collected be deposited with the BMC, to be later transferred to the housing society once it is formally established.
Source: The Times of India
