Bhiwandi Metro Accident Prompts Bombay HC to Reopen Plea on High-Rise Construction Safety

In the wake of a tragic accident at an under-construction metro rail site in Bhiwandi, the Bombay High Court has revived a 2024 petition concerning safety lapses at high-rise construction sites across Maharashtra.

The incident, which occurred on August 5 in Thane district, involved a 20-year-old man who suffered a grievous head injury when an iron rod fell from an under-construction metro bridge and pierced through a moving autorickshaw.

A bench comprising Justices Girish Kulkarni and Arif Doctor expressed serious concern over recurring safety violations at construction sites and criticised the inaction of authorities. The court noted that although a committee was constituted in 2023 to address such hazards, its recommendations had not been widely disseminated to planning and municipal authorities.

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The original plea was taken up suo motu by the High Court last year after a fatal incident in Mumbai’s Worli area, where two pedestrians lost their lives when a cement block fell from the 52nd floor of an under-construction high-rise.

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Reiterating its 2023 observations, the bench said it had “expressed a hope that none of the high-rise constructions in the city of Mumbai should make people vulnerable and prone to such accidents in which innocent people would get hurt or lose their lives.”

The court also invoked Article 21 of the Constitution, emphasising that exposing citizens to such dangers in public areas amounted to a violation of their fundamental right to life and livelihood.

During Thursday’s proceedings, the Brihanmumbai Municipal Corporation (BMC) informed the court that the expert committee’s report had been submitted. However, the bench questioned whether these safety recommendations were being actively implemented at sites that endanger public safety.

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“Such concern of the court as on date is resurrected in view of the recent incident,” the bench stated, referencing the Bhiwandi accident.

The court has now directed the BMC to submit the committee’s safety guidelines in full, so that the state government may circulate them to all relevant municipal and planning authorities for immediate implementation.

“These measures are in the larger public interest and therefore, expeditious action in this regard is required to be taken,” the court emphasised.

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The matter will next be heard on August 12.

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