VIKAS PREMISES CO-OPERATIVE SOCIETY LIMITED vs BRIHANMUMBAI MUNICIPAL CORPORATION

Judgment text excerpt

Digitally signed by 1/26 wpl-19422-25-.doc MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date: 2025.07.02 18:50:54 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 19422 OF 2025 Vikas Premises Co-op Soc Ltd. ) ...Petitioner Versus 1 Brihanmumbai Municipal Corporation ) 2 The Municipal Commissioner ) 3 The Assistant Engineer, (B & F), A Ward ) 4 Junior Engineer Water Department ) 5 The Senior Police Inspector ) 6 Brihanmumbai Electric Supply & Transport ) ...Respondents ----- Mr. Aniruddh Joshi, Senior Advocate a/w Mr. Mayur Khandeparkar, Mr. Ishwar Nankani, Ms. Vrushali Pokharna, Ms. Avishka Jadhav i/by Nankani & Associates for the Petitioner. Ms. K. H. Mastakar i/by Ms. Komal Punjabi for Respondent No.1-BMC. Mr. Atul Vanarse, AGP for Respondent No.5-State. Mr. Sumeet Palsuledesai a/w Mr. Mohammed Oomar Shaikh i/by M. V. Kini & Company for Respondent No.6-BEST. Mr. Rahul Jadhav, Asst. Eng. (B&F), ‘A’ Ward is present. Mr. Nagesh Lomte, Jr. Eng. (B&F), ‘A’ Ward is present. ----- CORAM : G.S. KULKARNI & ARIF S. DOCTOR, JJ. DATE : 2ND JULY 2025 ORAL JUDGMENT (PER ARIF S. DOCTOR J.) 1. This is a case pertaining to a dangerous building known as ‘Vikas Building’, which is situated at a short distance from this Court, in a busy commercial area of Mumbai, namely, the Fort area. It is a building of Meera Jadhav 2/26 wpl-19422-25-.doc about 129 years old, which has been categorized to be extremely ruinous (C-1 category) and which would suffer an imminent collapse. It has been already vacated in a very urgent situation by the Disaster Control Cell of Mumbai Municipal Corporation on 21 June 2025. 2. The petitioner is the owner of the building. It is ground + 4 storeyed structure, which has about 37 tenements/members all of which ar