After an 11-year-long legal battle, Usha Sadan housing society finally won the case against the BMC which had served it a notice to demolish an 'unauthorised' structure in one of the society wings. Setting aside the civic body's order, the city civil court instead pulled up the municipality for initiating proceedings in the absence of an approved building plan. Interestingly, the complaint to the BMC was made by one of the residents.
Located near the Colaba post office, the society had approached the court in October 2012, challenging the notice which claimed that a structure in the terrace passage was illegal hence it needs to be demolished. The society claimed that the structure adjacent to the lift room and the staircase of 'A' block has been in existence since 1958 when the building was constructed. And, the space has been just used only to store old files, it added.
Court is unsatisfied with response
Contending the arguments, the BMC argued that the complaint regarding the 'unauthorised' structure was made by one of the residents. Acting on the grievance, an official inspected the premises and opined that the structure was not recently constructed. The civic body further said that after the submission of the inspection report, a copy of the approved building plan was sought by the inspection officer. It was claimed that since the complainant was insisting on action, the ward officer issued notice to the society despite the plan's absence.
Unsatisfied with the reply, the court stated, “With regard to these circumstances, the question arises on what basis, the defendants came to the conclusion that the structure is unauthorised.” It underscored that the complainant resident should have been a material witness who could have provided an approved plan. “However, the defendants not only failed to examine the complainant but also didn't produce any such complaint on record,” the court noted.
While setting aside the notice, it pointed out, “Another significant thing to be taken into consideration is that the said structure is not shown to be in the use and personal occupation of any of the members of the society.”
