Gross negligence of duty by civic bodies: PIL seeks HC’s direction to demolish C1 buildings in MMR

Mumbai: In the backdrop of increasing building collapse incidents across the Mumbai Metropolitan Region, resulting in multiple injuries and deaths over the past few years, a Public Interest Litigation (PIL) filed in the Bombay high court sought its directions for the demolition of dilapidated buildings marked as C1 by the respective civic bodies of MMR.
In her PIL, the petitioner, advocate Purva Prakash Basrur, stated that allowing residents to live in such buildings amounts to a direct violation of their fundamental right to life and safety, adding that the civic bodies in Thane, Mumbai and Navi Mumbai have shown a gross negligence of duty. The matter has been listed for hearing before the division bench on August 19.
Basrur highlighted the paucity from the side of concerned officials in conducting regular inspections, timely demolitions, and providing alternative housing for affected residents despite various legal provisions under the Mumbai Municipal Corporation Act 2018, Maharashtra Regional and Town Planning Act 1996 and the Maharashtra Rent Control Act of 1999, mandating the removal of structures that are in dilapidated condition and pose a high safety risk.
The petitioner observed that the lack of timely actions from the administrative side “is a significant factor contributing to the tragic risk of building collapse,” adding that any undue delay or failure from their side to act swiftly constitutes a “serious dereliction of duty”. The petitioner also raised concerns about the possibilities of corruption between municipal officers and developers which contributed to the delay in timely action.
Basrur observed that a situation has been created where residents in dilapidated buildings are subjected to greater risks, which infringes upon their right to equal treatment and protection under the law.
Over two months back, the BMC released a list of 188 extremely dangerous and dilapidated buildings, categorised as C1, ordering their immediate evacuation. Despite multiple legal provisions and notices, the buildings continue to stand due to various legal issues or resistance by the residents over the lack of alternate accommodation in place. The petition observed that 114 of these buildings are located in the western suburbs, 47 in the eastern suburbs, and 27 in the island city. The petitioner also cited data from the National Crime Records Bureau from 2001 to 2015, which found that over 38,683 individuals lost their lives due to building collapse within the fifteen-year period.
Advocate Basrur submitted that the residents’ rights need to be protected, urging the corporation to implement adequate rehabilitation measures like alternative housing, financial assistance for relocation and support services for residents who would be displaced due to the demolition drive. “Under section 254 of the MMC Act, the municipal authorities are authorised to address issues related to dangerous buildings,” said the petition.
The petition sought the court to issue directions on the establishment of a monitoring system for all buildings involving “routine inspections, comprehensive safety assessments, and regular updates on building condition”, a public grievance redressal mechanism and a comprehensive public safety campaign on building safety and risks associated with dilapidated structures.
The petition comes almost a month after the collapse of Rubinissa Manzil on Sleater Road, near Grant Road railway station, leaving four persons injured and one passerby dead.