MUMBAI: The Bombay High Court has labeled residents of the top 18 floors of the 34-storey Willingdon Heights building in Tardeo as “selfish” for ignoring the need for an occupation certificate (OC). The court has ordered these occupants to vacate their flats within two weeks.
A bench led by Justices Girish Kulkarni and Arif Doctor criticized the residents for their “brazen illegality” in occupying flats without the necessary OC. The court instructed the Brihanmumbai Municipal Corporation (BMC) to take action if the order is not followed, stating that these affluent residents are knowingly violating building regulations while evading legal consequences.
The court expressed concern that if the residents are unconcerned about their own safety, they would likely disregard the safety of others in the event of an emergency. It declared that these individuals may only reoccupy their flats once an OC is granted, with the order formalized on July 15 and posted on Saturday.
The petition, initiated by resident Sunil Jhaveri, highlights significant illegalities, as the building lacks both a fire No Objection Certificate (NOC) and a complete OC, only possessing partial certification for floors 1-16. The BMC has signaled issues concerning the illegal construction of floors 17-34, particularly the combination of the 26th and 27th floors. Additionally, the HC had previously issued an interim protective order on March 27.
Senior advocate Sharan Jagtiani, representing Jhaveri, presented notices issued by the BMC since 2011 regarding the absence of a fire NOC and orders for the removal of unauthorized construction. In January 2020, residents of the higher floors were instructed to vacate within seven days. Jagtiani argued that while the first 16 floors are being regularized, there is no justification for the higher floors to remain occupied without an OC.
Senior advocate S U Kamdar, representing the BMC, stated that the illegal structures need to be restored to align with the original plans, emphasizing the danger of occupation in the absence of a fire NOC.
Advocate Dinyar Madon, representing the housing society, requested the court to allow residents to remain in their homes temporarily for humanitarian reasons while they seek to regularize the illegalities. When questioned by the judges, he proposed a one-year extension. However, the judges announced that accepting such a request would undermine the entire legal framework requiring compliance, essentially endorsing lawlessness in building occupations without necessary certificates.
Vacating the earlier protection order from March 27, the judges denied Madon’s plea to delay the BMC’s directive. They noted that occupants had been repeatedly urged to make alternative arrangements, which had been clearly communicated. The case regarding residents on the first 16 floors is scheduled for a hearing on July 29, while BMC has been instructed to refrain from any demolition actions under the notices.
