Mumbai: The Bombay High Court on Tuesday granted a final three-week extension to the occupants of the upper floors of Wellingdon Heights in Tardeo to vacate their flats, which have been declared illegal due to the absence of an Occupation Certificate (OC) and Fire NOC.
HC Grants Limited Relief on Humanitarian Grounds
The court made it clear that the extension was granted purely on “humanitarian considerations” and warned the residents to file their undertakings within two days, failing which the Brihanmumbai Municipal Corporation (BMC) would be at liberty to seal the flats.
27 Families Affected; Arguments Cited Paryushan, Schooling Needs
A bench of Justices Girish Kulkarni and Arif Doctor was hearing interim applications filed by the society and flat owners seeking three months to vacate. Senior advocate Dinyar Madon, appearing for the society, however, said they would leave it to the court to decide on the extension of time, while urging to grant “reasonable” time considering 27 families had to find alternate accommodation.
“We are not asking for unreasonable time. There are 27 families. Fifty percent of the upper-floor residents are Jains. There is Paryushan, followed by Ganpati and school-going children. It’s difficult to find alternate accommodation nearby,” Madon submitted.
However, the court observed, “Every day you continue to stay, you are perpetuating illegality.” It remarked that the petitioners should have sought more time from the Supreme Court itself.
SC Earlier Refused to Interfere With HC's Eviction Order
The apex court had, on August 1, refused to interfere with the HC’s July 15 ruling directing residents from the 17th to 34th floors to vacate within two weeks. “This is a very well considered, bold and lucid judgment,” the SC had said, while allowing the occupants to approach the HC for extension.
On Wednesday, the HC said it would consider only one prayer — for extension of time. “We will grant you three weeks from today. Not more.”
An application was sought to be filed on behalf of one of the members of the upper floors having a duplex seeking extension of time on medical grounds. Her advocate sought more time highlighting that she had undergone a surgery and was advised to rest. Also, she said she has two small children and ailing in-laws. But the court remained unconvinced, stating: “Everybody has problems.”
BMC counsel SU Kamdar did not oppose the extension but urged the court to direct residents to give an undertaking.
The HC granted three weeks’ time saying: “Subject to such undertaking… we allow occupants to occupy flats for a period of three weeks… which will be at their own risks and consequences in case of an untoward incident.”
The HC has stressed that the undertaking must be submitted to both the court and BMC within two days. The matter will be heard again on August 13 regarding other issues, including partial OC and Fire NOC.
On July 15, the HC had directed occupants to vacate the upper floors noting that these were illegally occupied since 2011 without an Occupation Certificate (OC) or Fire NOC.
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The order was passed while hearing a plea filed by Sunil B. Jhaveri (HUF), a member of the Society. Separate petitions were filed by the society and some flat purchasers seeking protection and time to regularise the construction. They argued that efforts were being made to bring the flats in line with sanctioned plans
