Bombay high court stays demolition of illegal floors of Goregaon society

The high court, on Monday, stayed the demolition of two illegal floors of a housing society in Bangur Nagar, Goregaon. The Brihanmumbai Municipal Corporation (BMC) had issued a demolition notice to the society alleging that two of the top floors of the 22-storey building are illegal.

Sixteen families are presently occupying these floors of Manav Kalyan Co-operative Housing Society Ltd. The tenants had moved the court through advocates Mustafa Kachwala and Rakesh Misar of Kachwala Misar & Co.

The vacation bench of justices SC Gupte and KR Shriram, staying the notice issued in April, directed BMC to reply to the petition by Wednesday.

Kachwala said: "Till the next hearing date, the corporation has been stayed from taking any coercive action.

According to the petition, the society earlier comprised ten buildings (ground plus three floors). In 2010, it entered into a redevelopment agreement with M/s Kumar Builders, who then constructed a 20-storied building to house the (160) society members as approved by the corporation. But all the members could not be accommodated and 16 families were left out. The builder, hence, requested the corporation to allow him to construct two more floors.

In 2011, BMC issued a notice to the developer for demolishing the unauthorised floors. In response, the developer applied for regularisation of the illegal floors. There hasn't been any decision on this application yet.

On April 3, the civic body issued a second demolition notice. Though the developer replied to the notice through his advocate, BMC issued another notice on May 30. The society then moved the court.

In its petition seeking stay on demolition, the society has claimed the notice was arbitrary, contrary to law and/or without jurisdiction, violated natural justice and was perverse. It has further said that if the 21st and 22nd floors of A and B wing were demolished, 16 members of the society would be left without home.

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Bombay high court stays demolition of illegal floors of Goregaon society