The Bombay High Court has strongly criticized the Brihanmumbai Municipal Corporation (BMC) and the landlord of a deteriorated ground plus two floor structure in Bandra West for their failure to carry out necessary repairs. The court has instructed the landlord to present a comprehensive redevelopment proposal for the entire property.
A bench comprising Justices Gautam Patel and Kamal Khata, while addressing a petition filed by elderly tenants of the Serenity Building in Bandra West, directed the BMC to reinstate electricity and water supply to the building. This plea arose from an 86-year-old man and his bedridden wife residing in the building.
The building was categorized as a C2A risk (dangerous parts requiring evacuation) in 2021. However, despite the urgency conveyed by the Technical Advisory Committee (TAC), the landlord neglected remedial actions. The BMC, too, did not take proactive steps to ensure timely repairs.
On August 17 of this year, the BMC disconnected electricity and water supply to the entire building after the TAC declared it as C2A risk.
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During the Wednesday hearing, both the BMC and the landlord acknowledged that the building was now unsuitable for human habitation due to its ruinous condition.
The bench emphasized that the landlord-tenant relationship persists even when premises are vacated for redevelopment or due to safety concerns. The court noted, "That branch of the law has been firmly settled."
The judges criticized the corporation and the landlord for failing to address the issue of tenants being left vulnerable due to the deterioration of the structure.
The court had previously instructed the landlord to submit an initial redevelopment proposal for the entire property by Friday. In the subsequent hearing, it was confirmed that electricity and water supply had been restored. The landlord requested additional time to formulate the redevelopment plan, which the court granted.
In its order, the court highlighted that tenants choosing to remain in the building do so at their own risk, given its condition. The court has scheduled further proceedings for September 6.
