Amex Developers directed to file application with BMC to raze adjacent building
A builder recently approached the Bombay high court with a plea to direct civic authorities to demolish a building adjacent to a plot the firm is redeveloping at Chinch Bunder in south Mumbai. The court declined to pass such an order and directed the builder to approach BMC and Mhada.
A bench of Justices Abhay Oka and Riyaz Chagla heard a petition by Amex Developers, which is constructing on a plot at Keshavji Naik Road where Rambia House earlier stood. The firm said the adjacent three-storey Ratanbai Building was dilapidated and could collapse any time, and that its residents had vacated it barring shops on the ground floor. The company urged the high court to direct the BMC and Mhada to demolish the building or repair it.
As per the firm’s petition, the firm’s redevelopment plans had been approved but it was unable to begin work apprehending collapse of the adjacent building. Blaming BMC and Mhada for failing to repair the building, the firm said in its plea, “Because of the same, the petitioners are prevented from developing their own property and in any case, irrespective of the same, if the building collapses, it may take life of various persons (sic).”
The developer’s advocate, Ashok Saraogi, argued on July 25 that “due to vibrations the dilapidated building next door may collapse and I (developer) will be blamed”. Justice Oka remarked, “To facilitate your construction, you want another building to be demolished. Under which law can we issue such a direction?” The judges said they cannot pass such a direction.