Mumbai: A south Mumbai housing society has emerged victorious in a prolonged legal battle spanning 14 years, as a court ordered the restoration of a first-floor emergency fire exit and the demolition of an illegal room constructed directly beneath its staircase. The directive, which must be executed within two months, underscores the critical importance of maintaining unobstructed escape routes in residential buildings.
Background of the Case
The 56-year-old New Akash Ganga Cooperative Housing Society, located on Bhulabhai Desai Road, had been grappling with a safety hazard since 2006. The ground floor space beneath the emergency staircase was illegally converted into a residence by the society's former caretaker, Ram Shreshtha. This unauthorized dwelling included a kitchen platform with an LPG cylinder, a cupboard, a refrigerator, and a television, posing a significant fire risk.
Court's Ruling
Judge R S Aradhye declared Shreshtha's actions as “illegal, null and void” on Friday. The court emphasized that one cannot claim a right to transfer of premises “merely on the basis of some documents like Aadhaar card, PAN card, voter identity card and driving licence.” The judgment highlighted that the fire exit is meant to serve as an escape route during emergencies and must remain free from any encroachment.
Timeline of Events
The housing society initially moved the civil court in October 2011, centering its case on the locked and obstructed fire escape staircase. Shreshtha, who had been provided space to reside during his employment, turned it into permanent accommodation without permission and refused to vacate after his employment ended. He continued to live there with his family.
On September 12, 2006, the society lodged a written complaint with civic officials, requesting an immediate inspection of what it termed as an illegal occupation under the emergency staircase. The inspection, conducted on October 28, 2006, confirmed the encroachment, noting that the staircase portion was being used as a residence with both entrance and exit locked. The report warned that the obstruction “may become hazardous if any fire takes place in the building” and stressed that the staircase, being an escape access, should remain free of encroachment.
Following the inspection, the civic office issued a removal notice on October 31, 2006. In its reply on November 9, the housing society contested any suggestion that it was responsible for the obstruction and sought action against the occupant. When the obstruction persisted, the civic body filed a criminal complaint, leading to a process being issued on January 21, 2010, against the society’s office-bearer and Shreshtha. However, a sessions court’s revision order on April 21, 2011, set aside the process against the society.
Evidence Presented
During the trial before the civil court, society members were examined, along with a witness who took photographs and an architect who prepared a plan showing the blocked fire exit. Shreshtha contested the claim of encroachment, asserting long residence since 1980 and relying on identity documents to show the space as his address. The court found that such documents did not confer title and noted inconsistencies in the addresses and room descriptions across the papers produced.
The court accepted the civic inspection report and notices as proof that the staircase was an escape route and that the obstruction posed a hazard. The judgment noted evidence that the staircase served as the fire exit for the first two floors, while another fire escape existed for the remaining part of the building. The court relied on the architect’s plan and photos showing the first-floor fire exit area being covered and blocked.
Enforcement of the Order
If Shreshtha fails to demolish the encroached portion by the deadline, the society may approach municipal authorities for enforcement, the court said.
This case serves as a crucial reminder of the importance of maintaining safety standards in residential buildings and the legal recourse available to housing societies to address encroachments that endanger lives.
