December 2, 2022

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A Division Bench of Justices GS Patel and Gauri Godse of the Mumbai High Court have asked BMC, Mumbai to keep distance from builders. 
Why did the Mumbai HC pass such a cautionary order
Builders in Mumbai have been known to advance frivolous petitions without any merit in the case. According to the court, such pleas are based on one-sided facts solely for the benefit of the builder. 
In the present case, BMC moved a  petition was moved before the High Court at the instance of a builder to evict the tenants from temporary accommodation. What irked the court was the fact that the builder did not make any alternate accommodation arrangements for the tenants. In view of the court, the situation would enable the builder to make a complete gain by taking control of an emptied plot after demolishing the temporary accommodation. 
Eviction notices issued against the builder without providing alternate accommodation
The Bombay High Court in an earlier order in 2018, stayed the eviction of tenants from the dilapidated temporary structure.  This temporary structure was a makeshift arrangement between the tenants and the builder until a more concrete structure was built as per the terms of redevelopment terms between the owner and the builder. However, this never materialised in reality. Things took an ugly turn when eviction notices were issued against the tenants without providing alternate permanent accommodation.
Authorities did not take prompt action for completion of project
The court issued a notice to the MCGM in the present case and wondered why the authority has not taken any action against the builders in the case.
“The MCGM has sufficient power and authority to take action against the 4th Respondent and to compel it to complete the project for which it got sanctioned. There is no indication in the Interim Application that the MCGM has done anything in that direction,” the Court held”.

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