The rising occurrence of unapproved construction projects has a detrimental impact on public infrastructure with severe consequences of loss of life and property, the Bombay High Court has observed. The court noted that the builder was facing allegations of constructing a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional Town Planning (MRTP) Act.
Justice RN Laddha rejected the pre-arrest bail of Mahesh Kumbhar, 57, who was booked for constructing an alleged illegal building in Navi Mumbai which collapsed in July in which three persons lost their lives.
On July 27, Indira Niwas collapsed killing three residents. According to the prosecution, Kumbhar played a vital role in financing and also constructing and maintaining the building. However, Kumbhar contended that he only financed the construction of the building in 2009, whereas his partner, Vijay Gawade, was solely responsible for its construction and management. He claimed that he owns four flats in the building and denied any involvement in its construction or maintenance. He further claimed that the actual cause of damage was the ongoing hammer work in the adjacent building.
While rejecting the plea, the HC said: “The building's collapse allegedly resulted from negligence, endangering lives and safety. The material on record suggests the applicant's (Kumbhar) involvement in construction, financing, and owning four flats, which were rented. As a landlord, the applicant was responsible for the building's construction, maintenance, and repairs.”
The court also noted that the probe revealed Kumbhar’s involvement and raised questions about the corporation's concerned departments' role in allowing the unauthorised building to stand for so many years. “A thorough investigation is necessary to uncover the circumstances surrounding the building's construction and prolonged unauthorised status.”
“The rising occurrence of unapproved construction projects has a detrimental impact on public infrastructure. It depletes resources and poses a serious risk to public safety. The absence of proper legal approval and expert consultation during construction, as well as routine post-construction checks, inevitably leads to catastrophic events like building collapse. The consequences are severe, resulting in loss of property and lives. Once a life is lost, it is an irreversible tragedy,” the court underlined.
Cautioning against granting protection in serious cases, the court said it could “potentially hinder investigation or lead to miscarriage of justice by allowing tampering with evidence”. Underscoring the “gravity of the offence” where three persons lost their lives and several others were seriously injured; and that the investigation is at a nascent stage, the HC rejected Kumbhar’s plea.
