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Demolition of old 129 years building – Objection of society

July 10, 2025 legaldeli

The petitioner Society is the owner of the old 129 years building of 4 storey consisting of 37 tenements (commercial /offices). The petitioner has prayed for repairs of the building. The petitioner has challenged the five notices – all issued in June, 2025 and also for restoration of water & electricity. The first report of July 2024 said that the building is repairable and serviceable life can be enhanced by 15 years. However, afterwards the same Structural Consultant classified the building as dangerous without carrying any fresh inspection.

As noted in para 21 of the judgment, the Petitioner, in fact, has suppressed the fact that the building was C-1 as shown structural stability report of K.R. Trivedi obtained by it on 7.5.2024, that the building is very old, dilapidated and required to be vacated immediately.

In para 22 of the judgment, it was noted that nothing was done than exploiting the building an recklessly using the same, leaving the building to be deteriorated. Today the situation is of fait accompli.

In that context, the cost of Rs.5 lakhs was imposed on the petitioner and deposited with the Cancer Ward of the KEM Hospital.

In our opinion, the building was vacated and water & electricity was disconnected and therefore, “too-too” late in time to contend that the petitioner would make an attempt to repair the building.

Judgment dated 2.7.2025 of the High Court of Bombay in Writ Petition (L) No.19422 of 2024 of Vikas Premises Coop Soc Ltd Vs. Brihanmumbai Municipal Corporation and others

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