VIKRAM ARVINDLAL SISWAWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The challenge raised in this Writ Petition is to the decision of the Technical Advisory Committee (for short "TAC "), declaring "A " and "B " wing buildings, that are part of respondent no.5-Bhoumik Co-op. Housing Society Ltd. (for short "Housing Society "), as "C1 " category. In addition, a challenge is also raised to the Intimation of Disapproval (for short "IOD ") dtd. 10/12/2019 as well as the Commence Certificate dtd. 3/2/2023 issued in favour of respondent no.6-Developer. After the writ petition was filed, it was amended and a challenge is also raised to the notice dtd. 1/2/2023 issued under Sec. 354 of the Mumbai Municipal Corporation Act, 1888 (for short "Act of 1888 "). Considering issuance of the said notice under Sec. 354 of the Act of 1888, the learned counsel for the parties have been heard at length.

(3.) Facts relevant for considering the aforesaid challenges are that the Housing Society consists of three buildings called as "A ", "B " and "C " wings. It is common ground that "C " wing has already been demolished and the present dispute pertains to "A " and "B " wings. There are in all thirty-six tenements, out of which three flats in "A " wing and three flats in "B " wing are presently occupied. On 29/9/2022, notice under Sec. 353B of the Act of 1888 was issued. Pursuant thereto, the Housing Society sought a Structural Audit Report and accordingly on 17/11/2022, M/s. V.S. Tech and Associates submitted its Structural Audit Report dtd. 14/11/2022. As per the said report, "A " wing and "B " wing were placed in classification of "C1 ", requiring immediate demolition. The petitioners herein, who continue to occupy the said premises, obtained another Structural Audit Report dtd. 28/12/2022 issued by M/s. Epicons Consultants Private Limited. The classification of the said structure was shown to be "C2-A ", which indicated that major structural repairs were required either after evacuation and / or partial demolition. In the light of these two reports, the matter was referred to the TAC. On 24/1/2023, the TAC undertook site inspection. It thereafter considered both the reports and proceeded to accept the report submitted by M/s. V.S. Tech and Associates. Since the structure was classified as "C1 " category, the Municipal Corporation issued notice on 1/2/2023 under Sec. 354 of the Act of 1888 stating therein that the said structures were liable to be demolished within a period of seven days.