A division bench of justices Ranjana Desai and RG Ketkar was left flustered when told that tenants of the heritage Esplanade School Building must submit the original plan, which dates back to the 1880s.
Make it easier for citizens to live, said the Bombay high court to the civic body, which asked tenants of a dilapidated building on DN Road to submit the building’s 130-year-old original plan for getting permission for repairs, on Wednesday.
A division bench of justices Ranjana Desai and RG Ketkar was left flustered when told that tenants of the heritage Esplanade School Building must submit the original plan, which dates back to the 1880s. The building houses residences and commercial establishments and is in dire need of repair but the Brihanmumbai Municipal Corporation (BMC) has insisted on documents including the original plan and no objection certificates from the collector, heritage committee and tax authorities.
“You are aware of how dangerous it is to live in dilapidated buildings. You (BMC) have brought about this situation,” said Desai. “Don’t make it impossible for people to repair their buildings. Make it easier for citizens to live. If in June (during monsoon) the building collapses, who will be responsible?” she asked, adding, “Corporation will be held responsible if the building collapses and people die. You will have to pay compensation.”
The judges referred to another case where the BMC had informed the court that it did not have 40-year-old documents related to Manish Market. “You do not have documents of 1970s and 1980s. How do you expect people to produce plans (that go back to 1880)?” asked Desai.
Summoning the BMC executive engineer in court on Thursday, the judges have asked for the submission of the list of documents that it requires from the tenants.
In 2008, the BMC asked the tenants to carry out repairs as the building was in a dilapidated condition and the occupants were at risk. Tenants’ advocate Indu Prakash argued that although an application was submitted, the permission to start repairs was not granted. In November 2010, the BMC issued another notice to the tenants to either carry out repairs or face prosecution.
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