In a recent hearing, the Bombay High Court demanded comprehensive details from the Brihanmumbai Municipal Corporation (BMC) regarding the demolition of a family’s hutment following a heartrending incident where two minor boys drowned in an open water tank at Maharshi Karve Garden, Wadala, Central Mumbai.
The incident, which led to the untimely demise of the boys aged 4 and 5, has sparked a public outcry and prompted the High Court to take suo motu cognizance, transforming the matter into a Public Interest Litigation (PIL). The court is seeking explicit information from BMC about the scheduled demolition, questioning if the family was given due notice and what procedures were followed prior to the demolition.
Justice Gautam S Patel and Justice Kamal R Khata, presiding over the case, emphasized the need for clear protocols to prevent suggesting that the demolition was an impromptu action by the BMC. They highlighted the potential legal ramifications if due process was not adhered to, including the question of liability for compensation in cases of accidental deaths.
The bench also addressed the broader issue of compensatory structures for victims of negligence by civic bodies, stressing the importance of a structured liability system. The judges expressed their concern for the aggrieved family, emphasizing the compounded tragedy and trauma they face due to the loss of their children and the subsequent demolition of their home.
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The court did not limit its inquiry to the demolition but also considered the provision of ad hoc compensation for the family, indicating that a formal decision regarding compensation will be made in the upcoming hearing on April 23.
