The Bombay High Court has granted bail to the owner of three-storey building in Bhiwandi that collapsed last year claiming eight lives and injuring 13 persons.
Justice NJ Jamadar recently observed that it is “debatable” whether the owner can be booked under the “dragnet of the offence punishable under section 304 of the India lab Penal Code” (IPC) for culpable homicide not amounting to murder.
On April 29 last year a three story building situated at Vardhaman Complex in Valpada in Bhiwandi district collapsed around 1pm. The owner, Indrapal Patil was arrested on April 30, 2023 and was booked under section 304 of the IPC.
It was alleged that the building was constructed without any permission from the planning authority. The ground floor and first floor premises were let out to MRK Food.
Private Limited to store goods. The second and third floors had 13 and 12 residential rooms respectively. Also, Patil permitted a telecom company to erect a mobile tower without considering the structural stability of the said building to bear the weight.
Patils advocate Sana Raees Khan submitted that the owner had no role in the building’s collapse. She said that the building was constructed with the prior permission of the Grampanchayat Valpada. Even the mobile tower was installed on the building’s terrace after obtaining the stability certificate from the consulting structural engineer.
The inquiry conducted by the state revealed that the building collapsed as excess goods were stored in the said building beyond its capacity, for which Patil was not responsible, Khan added.
State advocate Tanveer Khan opposed the bail citing witness statements which said Patil failed to carry out necessary repairs and maintenance resulting in the building’s collapse.
The court said although the owner’s complicity deserves to be taken into account, it would be decided at trial whether he had the “requisite intention or knowledge to cause the death of the victims”.
Following court’s direction, the police verified that Patel was granted permission in June 2007 to construct a two-storey building. Justice Jamadar directed his release on bail on furnishing a personal bond of Rs 30,000.
