‘No civic nod needed to plaster house’

Mumbai: A citizen does not require civic permission to plaster his/her house, said the Bombay high court, even as it rapped the BMC over a man's application to repair his dilapidated premises in Malad (E). 

    Avacation division bench of Justice S J Kathawalla and Justice P D Kode made the observation while hearing a petition by Kiran Mirani, who occupies three rooms in Harji Patel chawl. He uses two rooms as a shop and lives in the third. 

    Mirani had applied to the local BMC ward office in May 2011 for permission to re-plaster walls and repair/replace the roof of his premises. Mirani said due to heavy leakage during the rains, extensive damage was caused to grains and other items stored in his shop. 

    The judges were miffed that despite repeated applications to the BMC to allow Mirani to repair the walls and the roof, the civic body did not respond. At one point, they even indicated that they would summon the civic commissioner to reply to the court's queries after BMC advocate Mamta Bhoir said she had no instructions from the ward office (P-North) and struggled to come up with answers. 

    Bhoir said under Section 342 of the BMC Act, Mirani had to fill up a form and an inspector would then visit and examine the premises. The judges said citizens who approached the BMC must be informed of the procedure, if any. "Did you tell him he has to fill a form?" asked Justice Kathawalla. 

    Perusing the section, the judges pointed out that if Mirani was only interested in replastering the walls and repairing/replacing the roof with the same material (asbestos sheets), it would fall under the category of tenantable repairs and no permission was required for the same. "If I plaster my house, I require your (BMC) permission?" asked Justice Kathawalla, adding, "You (BMC) should have told him (Mirani) that permission is not required." 

    Allowing Mirani to re-plaster the walls of his shop and repair the roof, the judges restrained the BMC from obstructing him in any manner. 

What the rule says 

    No permission is required for plastering, painting, changing floor tiles, repairing bathroom /toilets, washing places or repairing/replacing drainage pipes , sanitary/ water, plumbing and electrical service lines, repair/ replacing roof with same material, without altering floor height.