The Bombay High Court has directed “Selfish” Residents Occupying the top 18 floors of a 34-storey tower in tardeo, south mumbai, having no occuupation Certificate (Oc) to vascurance to vascence with weks. Raised Concerns Over no Fire Noc for the Entire High-Rise. Failing which, the BMC will be free to take any action under notices is issued by it as per law.
The Court Said Residents of the Willingdon View Cooperative Housing Society, While Indulging in “Brazen Illegalities” for years, were least bothered about their own and lying. “There is no fire no object Certificate (NOC), no oc for 34 to 34 floors, its explain. This is so, how can they be bothered about anybody else, in the event of any untoward incident of any nature taking place, “The HC observed.
“Such an approach which is wholly contrary to law, Cannot be countenced, in fact, it would set an example to perpetuate illegalities. Entitled to Occupy Respective Flats or Teenments on 17th to 34th Floor “Only After Oc Is Granted” By Following Due Process of Law.
A bench of justice girish s kulkarni and arif s doctor passed an July 15 (Tuesday) While hearing a batch of pleas participation to the high-Rise occuupied by 50 flat purchasers of total 62 flats, Available on Saturday Night. The bench rejected a request by senior advocate dinyar madon for housing society that south stay on the order of the order citing supreme court order in campa colla case. The HC noted that during earlier hearings, the members occupy “Illegal” flats from 17 to 34 floors “emphatically” told to make alternate arrangements.
The bench further said that can be a plea “more audible” than the one seeking permission to askopy flats with Oc as it would lead to “Regime of Complete Lawlessness.”
Senior Advocate su kamdar for BMC say it had been had issues in Respect of 17 to 34 Floors to Vacate their premises and say that the construction was required to be restored in conformity with orgly. Argued that permitting Occupancy on 17 to 34 floors would be against the law and in fact the entry building was requesting to be sealed for not having fire nooc. The HC Said that while it will hear in regard to those who occupy 1st to 16th floors having part-daring next hearing, The BMC “Shall Stay Its Hands in Resorting To Any Demolition, Undex and Infar Asop Illegal constructions in Respect of which notices were issues. “
However, justice kulkarni for the bench “unreservedly” not in view of its observations and earlier orders, it “did not approve the members of their absence in the absence in the future novel. to the 1st to 16th floors which has no fire clearance or approval from the fire department, by way of a fire nooc. “
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The HC refused a plea to continue the earler interim protection order of March 20, 2025 for another year to take correactive measures for regularisation and vaccated the same.
“We will be justified to say that the flat purchasers who have taken their hands in taking construction which has no oc, who is a selfish lot, who not with opening is ace ace continging. Regulations but also have means, to defeat legal actions being taken by BMC, by indulging in several statutory violations, which can never be permitted, “The judges recorded.
“Merely for the reason that developer, and the society and its members have resources in abundance, to first resort to illegalities and then by everywhere possible to protect the Illegalities. Municipal Corporation to Take an Apply Action As the Law Mandates, “The HC added and posted further hearing to July 29.