'Very Well Considered, Bold And Lucid Judgment': Supreme Court Upholds Bombay HC Order To Vacate 18 Illegal Floors Of Tardeo's Wellingdon Heights

Mumbai: The Supreme Court has refused to interfere with a “very well considered, bold and lucid judgment” of the Bombay High Court by which it directed the occupants of the 17th to 34th floors of the 34-storey Wellingdon Heights building in Tardeo to vacate their flats within two weeks.

Occupants of 17th to 34th Floors Ordered to Vacate in Two Weeks

The HC, on July 15, had directed occupants to vacate the upper floors noting that these were illegally occupied since 2011 without an Occupation Certificate (OC) or Fire NOC. This was challenged by the society before the Supreme Court.

A bench of Justices J B Pardiwala and R Mahadevan, after hearing the society and the Brihanmumbai Municipal Corporation (BMC) and going through the record, opined that they “should not interfere with a very well considered, bold and lucid judgment” delivered by the HC.

Apex Court Backs Stern Action Against Illegal Constructions

Appreciating the concern, courage and conviction exhibited by the HC in taking stern steps against such unauthorized constructions, the apex court said: “Sympathy towards the occupiers of such flats on the ground of hardship and difficulties at the end of the Court would be thoroughly misplaced. At the end of the day, the rule of law must prevail.”

However, the apex court has granted liberty to the occupants to approach the HC to seek more time to vacate the premises.

“High Court shall ensure that all its directions are scrupulously complied with. Necessary legal action shall also be taken against the wrongdoers and erring officials if any,” the SC said while dismissing society’s petition.

The high court bench of Justices Girish Kulkarni and Arif Doctor, last month, directed to vacate the upper floors of the building noting: “We cannot grant any relief to any litigant if such relief is in the teeth of the provisions of law, more particularly when it concerns occupation of premises that have no OC and endanger human safety.”

Wellingdon Heights Occupied Without OC or Final Fire NOC Since 2011

The building, developed by M/s Satellite Holdings, has an OC only up to the 16th floor. The remaining 18 floors have been occupied for over a decade despite repeated notices from the Brihanmumbai Municipal Corporation (BMC) and the absence of clearance from the fire department.

High Court Labels Plea for One-Year Stay ‘Audacious’

The HC was hearing a plea filed by Sunil B. Jhaveri (HUF), a member of the Society. Separate petitions were filed by the society and some flat purchasers seeking protection and time to regularise the construction. They argued that efforts were being made to bring the flats in line with sanctioned plans.

Society’s counsel had urged the HC to grant occupants a one-year window to continue residing in the flats, while they undertake steps to make necessary modifications / alterations as per the BMC notices. However, the HC turned down the request saying: “There cannot be a plea more audacious than this.”

The HC had emphasised that the illegalities were not committed by uninformed citizens but by “persons who are not poor or illiterate, but who belong to the elite class of society”.

Bombay HC Orders Eviction Of Tardeo High-Rise’s Top Floors Over Safety Norm Violations

BMC Issued Eight Notices Since 2011, Warned of Fire Risks

The civic body had contended that despite issuing at least eight notices since 2011, including demolition and restoration orders, the upper floors remain occupied. Also, while a ‘Construction Fire NOC’ had been issued during construction, the final Fire NOC was never obtained, posing a significant risk even to passersby.