Lawstreet Journal

Bombay HC asks state government to come up with regulations to avoid deaths from building collapses

Lawstreet Journal 9 Jul 2021 12:02am

Image courtesy: Lawstreet Journal Judiciary Bombay HC asks state government to come up with regulations to avoid deaths from building collapses

The Bombay High Court on Monday (July 5, 2021) asked the state government to come up with a policy to ensure that no lives are lost from the collapse of illegally constructed structures. It appears the state’s property was the paternal property of the executive, the court remarked. 

A Bench of Justice Dipankar Datta and Justice G S Kulkarni made the remark while hearing a public interest litigation taken up suo moto last year on illegal constructions across the Mumbai Metropolitan Region (MMR) after the collapse of a building in Thane’s Bhiwandi which claimed 40 lives. 

“A disaster is waiting to happen. Even if there is a will, there are unseen forces, who will enable the protection of illegal structures. You cannot have Mumbai as an international city with too many slums. This court had observed in earlier judgments that government and agencies cannot be silent spectators,” the bench said. 

Senior Counsel Aspi Chinoy and Advocate Joel Carlos representing the Brihanmumbai Municipal Corporation (BMC) referred to the report submitted by Justice (retd.) Jayprakash Devadhar on the tragic incident of Malvani building collapse, wherein 12 persons including eight children died. 

“The report suggests that there are around 8,485 structures in the vicinity where the house collapsed in Malvani on June 10. Of these, only 1400 odd structures are within the permissible ground plus one structure (14 feet) and the rest are having G+2,3, and even 4 floors”, Chinoy said.

Advocate Chinoy further submitted that the state’s slum rehabilitation policy protected encroachers… Continue Reading...

Tagged: Bombay High Court  
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