The residents, through the petition, sought to recall a previous order, directing them to vacate their houses.
The Bombay High Court has asked 72 tenants of six dilapidated buildings in Matunga to deposit Rs 15 lakh with the Brihanmumbai Municipal Corporation if they want the court to hear their petition. The residents, through the petition, sought to recall a previous order, directing them to vacate their houses.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla, while hearing a plea filed by Sunil Madanlal Thenge and others said, "Only if you deposit the amount with the Municipal Corporation we will hear the petition." Initially, it wanted to impose a cost of Rs 1 lakh on each occupant, but on the request of the residents, it was reduced to Rs15 lakh.
The residents sought to recall an order passed on March 28, in which after accepting a structural audit report carried out by the Indian Institute of Technology (IIT), Mumbai, ordered to vacate the buildings by May 31. Senior advocate Mihir Desai and Advocate Rui Rodrigues, argued that before the order was passed, the tenants had engaged VJTI to carry out the structural audit. The report contradicts IIT-B's report, thus the order should be recalled and the case should be referred to the Technical Advisory Committee (TAC) for fresh consideration.
The bench after listening to the petitioners refused to recall its previous order. It also stated that the residents cannot go to a private auditor and then seek to recall court's order on the basis of its report.
The corporation had last year issued notices to the tenants of the buildings to vacate after the building was falling under the Category "C1" which is not fit for human habitation and must be pulled down. Though it was challenged in the high court, the residents gave an undertaking to vacate homes. Following this, the court had ordered the BMC to not take any coercive action. It even directed the BMC to restore electricity and water supply to the respective premises, if disconnected.
The bench has now asked the residents to seek urgent hearing of their petition only after they pay the cost. In a lighter vein, it observed: "We hope the corporation uses the money it receives for a better cause."
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