The Bombay High Court on Thursday came down heavily on the Brihanmumbai Municipal Corporation (BMC) over serious violations in a 34-storey residential building in Tardeo, warning that no illegality in construction or occupation will be tolerated.
A division bench comprising Justices G.S. Kulkarni and Arif Doctor was hearing a batch of petitions related to the Willingdon View Cooperative Housing Society, built by Satellite Holdings, where it was revealed that the upper 18 floors are occupied without a valid occupancy certificate (OC).
“This is going to be an example for all buildings and high-rises,” the court observed, reiterating its June 30 finding that the building only had a partial OC for up to the 16th floor, yet all 34 floors were occupied. The court also noted the absence of a fire no-objection certificate (NOC), highlighting a major safety lapse.
The bench questioned the intent and effectiveness of the BMC, remarking, “Whether this issue be taken up casually by the corporation? Whether these people continue to reside in the building? These are the most important questions.”
The court strongly criticised the civic body’s failure to act on violations, warning that if no concrete action is proposed, it will be presumed that the BMC is willfully allowing occupation without necessary approvals, thereby endangering lives.
Among the alleged irregularities, the court highlighted structural changes like the removal of a slab between the 26th and 27th floors to create a duplex apartment—an unauthorised modification deemed “very serious in nature.”
While the BMC sought additional time to file clarifications, the court directed it to respond by July 10, including details about whether a valid OC or partial OC exists and what actions will be taken against the unlawful occupation.
Construction of Willingdon View began in 1990, and occupation started in 2008. Currently, 50 out of 62 flats are occupied. The court has made it clear that occupants residing on floors 17 to 34 without an OC are doing so illegally and must reconsider their position.
“We will not allow any illegality in any building,” the bench asserted, stating that the law must be applied objectively and uniformly across the city.
The matter will be heard again on July 10.
