Bombay HC Revives 2023 High-Rise Safety Case After Bhiwandi Metro Accident; MMRDA Slaps ₹50 Lakh Fine On Contractor

Mumbai: The Bombay High Court on Thursday "resurrected" proceedings from a March 2023 case concerning safety lapses at high-rise construction sites, following an accident on August 5 at the Metro Line 5 (Thane-Bhiwandi-Kalyan) site in Bhiwandi. An iron tie rod fell from an under-construction overhead structure onto an autorickshaw, grievously injuring a passenger.

Court Slams Lack of Implementation of Safety Recommendations

In the 2023 case, two bystanders were killed after a cement block fell from the 52nd floor of a building under construction in Worli. The HC had then directed the formation of a committee to recommend safety measures.

Expressing anguish over repeated safety breaches, a bench of Justices Girish Kulkarni and Arif Doctor noted that although the committee was formed, its recommendations had not been circulated to all planning authorities.

Quoting its March 9, 2023 order, the court said it had “expressed a hope that none of the high-rise constructions in the city of Mumbai should make people vulnerable and prone to such accidents in which innocent people would get hurt or lose their lives.”

Judges Cite Violation of Fundamental Rights Due to Safety Lapses

It added that exposing people to such dangers in public areas amounted to a violation of their fundamental right to livelihood under Article 21 of the Constitution.

On Thursday, the court was informed that the committee had submitted its report. However, the bench questioned whether its recommendations were being implemented at construction sites that pose risks to the public.

“Such concern of the Court as on date is resurrected in view of the recent incident… in which an iron rod fell from the bridge under construction, which pierced the head of an auto rickshaw passenger,” the bench said.

Photographs submitted in court showed that public access was allowed beneath ongoing construction without adequate safeguards. “Precautions to safeguard human lives by taking suitable measures to prevent objects falling from such construction being undertaken at a considerable height” were lacking, the judges observed.

The HC directed the BMC to place on record the Expert Committee's safety guidelines, so the state government can forward them for implementation to all municipal and planning authorities.

“These measures are in the larger public interest and therefore, expeditious action in this regard is required to be taken,” the bench stressed, posting the matter for hearing on August 12.

MMRDA Imposes ₹50 Lakh Fine on Afcons Infrastructure Ltd.

Meanwhile, the MMRDA has imposed a ₹50 lakh penalty on civil contractor Afcons Infrastructure Ltd. following the Bhiwandi mishap. Afcons has also been directed to bear all medical expenses and provide full support to the injured passenger.