Mumbai: In a humanitarian move, the Bombay High Court on Wednesday directed the restoration of electricity and water supply to a dangerous and dilapidated building in Bandra West, following a petition by an 80-year-old resident. The vacation bench of Justices Advait Sethna and Sandesh Patil issued notice to the Brihanmumbai Municipal Corporation (BMC) and posted the matter for May 25 for further consideration.
Interim Relief Granted
The court stated, "Until then, the petitioner may be permitted to reside in the said premises, with water and electricity supply being restored, purely as a temporary measure." The ground-plus-two-floor building, Rup Niwas, houses 12 flats. The petitioner, Ghansham Singh Narang, resides on the ground floor and had approached the court citing extreme urgency.
Petitioner's Concerns
According to the petition, the BMC disconnected electricity and water supply on May 6, and Narang, a "super senior citizen," faces an imminent threat of eviction and further coercive action. His advocate, Rohaan Cama, argued that classifying the building as 'C-1' (extremely dangerous and unfit for habitation) is contrary to law. He contended that a March 23 report from BMC's technical advisory committee is legally unsustainable and has several infirmities.
BMC's Stand
BMC's advocate Jyoti Mhatre informed the court that other residents had vacated their flats due to the building's condition. However, Cama noted that Narang has resided in the building since approximately 1975. The judges emphasized that their consideration was purely humanitarian and declined to delve into the merits of the case or the validity of the civic body's action.
Humanitarian Consideration
The court observed that Narang, being a senior citizen, "ought not to be displaced suddenly as the same would cause great inconvenience to him." The relief was granted "only for this reason." Mhatre reiterated the building's highly dilapidated condition. The High Court noted, "In the interest of justice, the senior citizen petitioner should, in the meantime, get a breather to make arrangements to shift to alternative premises considering that his safety is equally paramount."
Undertaking by Petitioner
Cama stated that Narang will furnish an undertaking that he is ready and willing to reside on the premises until the next date "at his own risk and subject to the consequences." Additionally, the civic body and its officers "shall not be made responsible in any manner whatsoever in this regard."
