Bombay HC Allows Repairs To 129-Year-Old Jimmy Boy Building After IIT Bombay Audit Rules Out Demolition

Mumbai: The Bombay High Court has allowed repairs to the 129-year-old Vikas Premises Co-operative Society building in Fort, which houses the famous Parsi restaurant Jimmy Boy, after a fresh IIT Bombay structural audit found that no part of the building required demolition.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, on August 6, recalled and modified its July 2, 2025 order and quashed the BMC’s June 21, 2025 notice directing the society to vacate and demolish the building. The court permitted the society to undertake repairs and structural strengthening in accordance with the IIT report.

The building had initially been classified as C-1, based on a visual inspection by Mahimtura Consultants. The C-1 classification is used for dangerous structures requiring immediate action. The society later appointed a structural engineer, who conducted chemical and non-destructive tests and classified it as C-2A, a category where repairs can be undertaken. Mahimtura subsequently carried out detailed tests and also classified the building as C-2A.

After the society’s original plea was dismissed, the High Court directed IIT Bombay to conduct an independent structural audit. The IIT report classified different portions of the building as C-2A and C-2B. While some portions required “substantial repairs and structural strengthening”, others could be safely occupied after the recommended repairs. Significantly, “the report does not categorise any portion of the structure as ‘C-1’ or recommend demolition of the building.” The BMC did not dispute the report on merits.

The civic body, however, opposed the society’s plea, pointing out that the structure was 129 years old and contending that repairs would extend its life by only about 15 years. It also argued that piecemeal repairs could pose a risk to life and property and that the IIT report did not certify the entire building as structurally stable.

The court rejected the argument that repair permission should be denied merely because the work would extend the building’s life by around 15 years. It observed that the society and its members had to decide whether to repair or redevelop the property.

The bench also noted practical difficulties in redevelopment as the building is situated in a heritage precinct and within 100 metres of the Naval Dockyard, where redevelopment could require several statutory permissions and no-objection certificates.

“In view of the subsequent developments,” the court held, the “factual foundation” on which its July 2, 2025 judgment was passed “no longer survives”. It consequently quashed the demolition notice and directed the BMC to “expeditiously grant all necessary permissions” for carrying out repairs in accordance with the IIT report.

The court, however, made it clear that the building cannot be occupied during the work. Its members must vacate the premises and cannot re-enter until the repairs and structural strengthening are completed.

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