Bombay HC Seeks BMC Response On 129-Year-Old Vikas Premises Society Plea Over ‘Jimmy Boy’ Building Demolition

Mumbai: The Bombay High Court has sought response from the BMC to a plea filed by 129-year-old Vikas Premises Co-operative Housing Society Limited in Fort, which houses the iconic Parsi restaurant ‘Jimmy Boy’, seeking recall or modification of its July 2 order dismissing their petition against the civic body’s demolition notice.

Previous Order Dismissed Society’s Petition

On July 2, a bench of Justices Girish Kulkarni and Arif Doctor had dismissed the society’s plea challenging BMC’s notices to vacate the building, declared “dilapidated and ruinous”.

The court had said that “safety of human life and property in the vicinity takes precedence” and criticised the petitioners for “suppressing crucial facts”, imposing a cost of Rs5 lakh to be paid to the Cancer Ward of KEM Hospital. It had noted that the building, a ground plus four structure with 37 commercial tenements, was vacated on June 21 by the Disaster Control Cell due to “imminent risk of collapse”.

Society Challenges C-1 Classification

In the fresh interim application, the society has said subsequent events show the building could not have been classified as C-1 (dangerous, to be vacated and demolished) based merely on visual inspection.

The society contended that Mahimtura Consultants Pvt Ltd, which had initially categorised the building as C-1 on June 21, 2025, revised its finding after carrying out detailed mandatory tests, classifying it as C-2A — meaning repairable.

Allegations Against BMC Procedures

The society alleged that the BMC acted on an “anonymous complaint” from a neighbouring building without any scientific report, and that the corporation’s conduct — calling Mahimtura for a night-time inspection and insisting on a visual report — violated its own guidelines.

It also denied suppressing a 2024 opinion given by structural engineer KR Trivedi, saying it was merely a visual assessment, discussed in the society’s June 4, 2024 general body meeting, and placed on record before the court. “There was no intention of suppressing any fact or document,” the society said, adding that it “apologises if the court feels otherwise”.

Redevelopment Not Practical, Repair Suggested

The society contended that redevelopment is “virtually not possible” due proximity to naval establishments, causing impediment in getting NOC from naval authorities.

Also, the building falls in the heritage precinct. Hence, it would be most appropriate to structurally repair the building rather than redevelopment, which is not a practical possibility, the application adds.

The society has undertaken not to reoccupy the building until it is fortified and secured.

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Proposal for Structural Audit by IIT

Senior advocate Milind Sathe, representing the society, suggested that, if required, the BMC could ask the IIT to undertake a structural audit of the building.

While asking the BMC to consider structural audit by IIT, the HC has asked the BMC to file its reply and kept the matter for hearing on August 20.