Don’t repair unauthorized structures: HC

Mumbai: Unauthorized constructions 

should not be repaired, said the Bombay High Court on Monday, while directing status quo regarding repairs undertaken of dilapidated structures at 5th Cross Lane, Falkland Road. 
    A division bench of Justice Sharad Bobde and Justice Ramesh Dhanuka was hearing a petition filed by Shobha Koli who resides in building no. 9, stating that the building had collapsed in 2010 and the landlord had managed to get work orders from Brihanmumbai Municipal Corporation for its repairs. The area, formerly known as Pandu Maharaj Chawl, is now run by a trust headed by Niyas Ahmed Peerzada. Koli's petition said it was Peerzada's unauthorized construction of two additional rooms on an attic that triggered the collapse. She said that after the collapse, all tenants were issued eviction orders, saying the remaining structures were dilapidated and may collapse any time. 
    Her petition alleged that the BMC and its assistant municipal commissioner (D ward) colluded with Peerzada to give work orders to repair the dilapidated buildings, not only building no. 9, but also nos. 355/371. She also alleged that Maharashtra Housing and Area Development Authority (Mhada) and the Mumbai Buildings Repairs and Reconstruction Board are "covering the illegality" by putting forward proposals for repairs. Her advocate said that the unauthorized constructions have even blocked the house gullies, and ingress and outgress is prevented. Even BMC did not conduct a proper inquiry before issuing work orders, the advocate added. 
    "You are planning to authorize this?" Justice Bobde asked Mhada advocate P G Lad. "You don't have to repair unauthorized structures," he added. Lad said Mhada had merely given its no objection certificate for the repairs as it is a cessed building. "If the contractor violates the conditions of repairs, it is the responsibility of the BMC to demolish it," he added. The judges have directed the BMC to file its affidavit to verify its position in respect to these structures. Adjourning the matter, they directed a "status quo as regards status of structures".