The Bombay High Court has taken a significant step in the ongoing legal battle over Mehta Mahal, a controversial building in Charni Road, by demanding an official affidavit from the Brihanmumbai Municipal Corporation (BMC) regarding its categorization as a dangerous structure.
Court Seeks Clarity on Building's Dangerous Status
A bench comprising Justices R V Ghuge and Ashwin Bhobe has specifically asked the BMC to confirm through an affidavit whether the Mehta Mahal building was officially declared under the C1 category in April 2024. This classification signifies that a structure is considered ruinous, dilapidated, and dangerous - essentially unfit for occupation and requiring demolition.
The court's directive came during a hearing of a petition filed by Drishti Hospitality Company, the current owner of the property previously known as Mehta Mahal. The building, located near the iconic Opera House in south Mumbai, has been described by the court itself as one of the most disputed properties in the area.
Supreme Court's Intervention and Safety Concerns
The legal proceedings gained momentum when the Supreme Court, while disposing of a special leave petition in May, requested the Bombay High Court to expedite the matter. Drishti Hospitality had filed this SLP, alleging that the BMC had failed to inform the High Court about the C1 categorization.
The petitioner has raised serious safety concerns, emphasizing the need to protect over 500 people who either work within the building or visit it regularly for business purposes. Senior counsel Sharan Jagtiani, representing the petitioner, informed the court on November 13 about BMC's alleged C1 categorization of the building in April 2024.
Conflicting Reports and Historical Context
The controversy deepens with conflicting technical assessments of the building's condition. The BMC had previously, based on a 2021 report from its Technical Advisory Committee, permitted the Mehta Mahal Commercial Cooperative Society to carry out urgent repairs.
However, Drishti Hospitality has countered this with an IIT-Bombay report that characterizes the building as dangerous and recommends demolition. The petitioner, now represented by RJD and Partners, has been pushing for a fresh TAC report and seeking directions to the BMC to demolish the structure.
The safety concerns extend beyond the building's immediate occupants. The petitioner has highlighted risks to people in adjacent buildings and even commuters, given that railway tracks are located merely 30 feet away from the disputed property.
Ashutosh Gavnekar, counsel for BMC, has assured the court that the corporation will seek necessary instructions and officially record the building's category. The High Court has scheduled the next hearing for December 8, when the matter will see further developments based on the BMC's affidavit.
