Mumbai: Even as BMC informed that the heritage conservation committee permitted repairs to a Fort building, Bombay High Court on Thursday said the civic body must streamline the permissions required so that citizens are not made to suffer.
“…it can’t be seen that those authorised [structures] are faced with difficulties and those that are unauthorised are allowed to do everything. We want to reduce writ petitions coming to us for small things,” said Justices Ajay Gadkari and Kamal Khata.
They were hearing a second petition by tenants, including partners of Dwarka Hotel, about the delay of repairs to DG Chambers, a 100-year-old two-storey building that was certified by BMC as C2A category – partially unsafe/dangerous requiring major structural repairs.
The judges noted that though tenants vacated in Feb, BMC was thereafter seeking compliance with further requirements from the landlord – Irishman Developers Pvt Ltd. They questioned why one consolidated list of permissions was not given. Senior advocate Anil Singh, for BMC, said there are three departments involved: building proposals, building factory, and heritage conservation. He said the building proposal department, which deals with planning, gave the landlord all requirements to be fulfilled. He also said if BMC condones any condition, “tomorrow there will be allegations”.
The judges said they were “not diluting” the conditions. Justice Gadkari said it is not that permissions have to be collected “from another state or various states but within one group.” They said the condition to comply can be told in “one stroke”. They reminded that the matter went on for almost a year and asked why should the buildings occupants await different compliances. “Look at the colossal loss,” Justice Khata said, adding that the landlord and tenants are suffering.
The judges referred to the previous matter where BMC issued a notice to demolish enclosed balconies with grilles, despite BMC saying it can be regularised. “Why do citizens have to come to court and say ‘please now let me regularise the balcony’?” Justice Khata asked. The judges said BMC “must come out with a solution to the problem.”
Singh said on Wed heritage NOC was issued. The landlord has to submit a fresh proposal which will be processed. The landlord’s advocate Prathamesh Bhargude said a proposal will be submitted within a week.
