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Bombay HC Orders Residents to Vacate Unauthorized Floors in Mumbai Tower
2 Aug
Summary
- Supreme Court upholds Bombay HC's ruling against "selfish" residents
- Residents of top 18 floors lack Occupancy Certificate, ordered to vacate
- Building also lacks Fire NOC for entire high-rise
In a significant ruling, the Supreme Court has upheld a Bombay High Court order directing the "selfish" residents of the top 18 floors of a 34-storey tower in Tardeo, Mumbai, to vacate their premises within two weeks. The High Court had clarified that these residents would only be allowed to occupy the flats once the Occupancy Certificate (OC) is granted.
The issue came to light after a batch of petitions was filed before the High Court. The court noted that the building lacked a Fire NOC for the entire high-rise, and expressed reservations about the occupancy of the first 16 floors as well, though it stayed any civic demolition action for those floors. The High Court had observed that the residents seemed "least bothered about their own lives" and were perpetuating illegalities, which could not be countenanced.
Aggrieved residents had rushed to the Supreme Court, but the SC bench dismissed their special leave petition, stating that they should not interfere with the "very well-considered, bold, and lucid judgment" of the High Court. The SC, however, provided some relief by allowing the residents to approach the HC if they needed more time to vacate the premises.
