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Sunday, June 30, 2013

Municipal Corporation of Greater Mumbai- pull down the building numbers 13,14,15 and 16 which are in dilapidated condition. = petitioners have no legal right to continue to live in the existing buildings as this Court by its previous order, sought to be modified, has already passed an order for their eviction from the premises in question.= In view of the existing precarious nature and status of the buildings in question which is informed to be extremely grave, we cannot permit the petitioners to continue to live in the existing buildings for more than a fortnight which they have been ordered to vacate. Therefore, we permit them to exercise their option of shifting either to Mahul, Chembur or the Transit Camps Nos. 13A and 13B after a fortnight when the transit camps are made fit for habitation with essential and basic amenities. However, if some of the occupants of the building No. 13 and top floor of building No. 14 wish to continue in the existing buildings at their own risk even after a fortnight, they are at liberty to seek permission from the Bench which had passed the order sought to be modified as we have taken up this application for modification only in view of its urgency.- However, considering the peculiar facts and circumstances as also taking into account the humanitarian consideration for the occupants of the building No. 13 and top floor of building No. 14, we accede to the request of the occupants of the building No. 13 and top floor of building No. 14 communicated through their counsel that if they wish to continue to live in the existing buildings beyond of a period of fortnight until they move the Regular Bench, they may do so at their own risk and in case the buildings in question falls down in the meantime and the occupants suffer loss in any manner, the whole and sole responsibility shall be of the occupants of the those buildings and the Municipal Corporation of Greater Mumbai shall not be liable in any manner for any consequence that might follow. 14. The Applicant/respondent No.1 however, shall make the Transit Camp Nos. 13A and 13B habitable with all basic amenities within a fortnight but not later than 30.6.2013. It was further stated by the learned Attorney General that the respondent No. 1 will offer all assistance and logistic support to the evacuees for shifting them from the existing building No. 13 and top floor of building No. 14 to Mahul, Chembur and continue to live there until they reshift to the Transit Camp Nos. 13A and 13B after a fortnight or till such time when the Transit Camps are complete to their satisfaction. 15. It is made clear that the Transit Camp Nos. 13A and 13B shall provide all basic amenities required for human habitation but the word "habitation" will not be construed so as to insist for fancy fittings in the Transit Camps. = published in http://courtnic.nic.in/supremecourt/qrydisp.asp


IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO. 5 OF 2013
IN
SPECIAL LEAVE PETITION (C) NO. 39114 OF 2012


| MAZAGAON TADWADI BTT CHAWL NIWAS VASAHAT BACHAV KRUTI |...| PETITIONER(s) |
|SAMITY AND OTHERS | | |



| Versus |

|MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS. |...| RESPONDENT(s) |



O R D E R


This is an application on behalf of respondent No. 1 -
Municipal Corporation of Greater Mumbai for modification of this
Court's order dated 11.1.2013 which reads as under:
"Issue notice returnable on March 1 2013.


M/s. E.C. Agrawala, Abhishek Gupta and Siddharth Singla,
advocates waive service for respondent Nos. 2, 4 and 8
respectively.


Notice shall be issued only to the unrepresented respondents.


Respondent No. 1 - Municipal corporation of Greater Mumbai
is directed to place on the record along with its counter-
affidavit the report submitted by the Assistant Commissioner
(Estate) that the proposal for redevelopment has been
sanctioned by their office after verifying more than 70% of
eligible tenants as per certified Annexure-II in support of
such verification, as recorded in paragraph 5 of the order
dated October 15, 2009 passed by the High Power Committee,
Government of Maharashtra (page 234 of Volume II of the
Special Leave Petition).
In the meanwhile, it will be open to the respondent No. 1 -
Municipal Corporation of Greater Mumbai to pull down the
building numbers 13,14,15 and 16 which are in dilapidated
condition. In this regard, respondent No. 1 will be
entitled to have the premises vacated from the occupants and
the appellants are directed, in that event, to vacate the
premises in question without any resistance. Save and except
above, the parties shall maintain status-quo with regard to
the subject property in all respects."


2. The applicant-respondent No. 1 -Municipal Corporation of Greater
Mumbai (for short "the Corporation") is, thus, clearly entitled in
view of the order noted hereinabove to have the occupants evicted
from building Nos. 13,14,15 and 16. However, the
respondent/applicant/Corporation has taken a considerate view of the
situation and have thought it appropriate to evict the affected
occupants by giving them option to relocate themselves in the
Transit Camps which is not complete in all respects so far. Hence
the need to file this application for modification/direction of the
order dated 11.1.2013 of this Court for shifting the occupants of the
building No. 13 and top floor of building No. 14 to Mahul, Chembur
until the Transit Camps Nos. 13A and 13B where the occupants of
the building No. 13 and top floor of building No. 14 are proposed to
be shifted is fit for human habitation by providing the basic
amenities in the Transit Camps. This is how this application came
up before this Court.
3. When the matter came up before us on 13.6.2013, we thought it
appropriate to direct the respondent No. 1 - Municipal Corporation of
Greater Mumbai to file an undertaking to the aforesaid effect which
has been complied with. The said undertaking be taken on record.
4. On hearing Mr. Goolam E. Vahanvati, learned Attorney General
representing the respondent No. 1 - Municipal Corporation of Greater
Mumbai as also the counsel for the petitioners and senior counsel for
the respondent No. 2 representing the occupants, it could be noticed
that the Transit Camp Nos. 13A and 13B for the occupants of the
building No. 13 and top floor of building No. 14 are, at present, not
ready and habitable as even basic amenities like doors of toilets,
water taps etc. are yet to be fitted. However, it is submitted
that the respondent No. 1 would not take a chance to defer the
shifting of the occupants of the said buildings considering the
rainy season as the present status of building Nos. 13 and 14 is
so grave and precarious that it might crumble down any time
resulting into loss of innocent lives and massive destruction.
Therefore, a workable suggestion was fairly made by the learned
Attorney General to direct the occupants of the building No. 13 and
top floor of building No. 14 to shift the occupants immediately to
the transit camps at Mahul, Chembur to live there until the Transit
Camp Nos. 13A and 13B are ready for habitation with basic amenities
which it is informed, will be completed within a fortnight after
which the residents can be re-shifted to the Transit Camps.
5. The counsel for the petitioners resisted this application and
submitted that in case the occupants of the building No. 13 and top
floor of building No. 14 are forced to shift to Mahul, Chembur, that
will result into grave inconvenience to the occupants of the above
buildings as their children are studying in the nearby schools and
Mahul, Chembur is 20 K.M. away from the present location. It was
also stated that at present, the occupants of the building No. 13 and
top floor of building No. 14 are prepared to take the risk and
continue to live in their existing buildings for some time more until
the Transit Camps No. 13A and 13B are ready for habitation.
6. However, this was not acceptable to the respondent No. 1 as it was
stated that in the past, incidents have happened where the buildings
have crumbled down and the respondent No.1/Municipal Corporation has
been blamed for not taking adequate steps to ensure the safety of the
occupants of the buildings alleging lapse and administrative
failure. In view of this, the respondent No. 1 is not prepared to
take the risk of deferring the decision to shift the occupants of
the building No. 13 and top floor of building No. 14 to Mahul,
Chembur as an interim arrangement and thereafter to Transit Camps
Nos. 13A and 13B.
7. However, we see no valid reason to enter into this controversy
as to whether the shifting is permissible or not since the order of
this Court dated 11.1.2013 sought to be modified is already in
existence allowing the respondent No. 1 to evict the occupants of
the building Nos. 13, 14,15 and 16 and further to pull down the
buildings which are in dilapidated condition. In that view of the
matter, we need not go into the justification of the plea of the
counsel for the petitioner/occupants and senior counsel for the
respondent No. 2 who are resisting the shifting so as to permit them
to stay back in their existing premises of the dilapidated
buildings.
8. In view of the order passed by this Court on 11.1.2013, shifting
from building No. 13 & 14 (uppermost floor) is unequivocally a
consequence of the order and the only impediment is whether the
occupants of the building No. 13 and top floor of building No. 14
should be shifted at Mahul, Chembur or the Transit Camp Nos. 13A and
13B which are yet to be made ready for habitation.
9. Since shifting either to Mahul, Chembur or Transit Camp Nos. 13A
and 13B were both resisted by the counsel for the petitioners,
learned Attorney General has come up with a third most reasonable
suggestion by stating that those occupants of the building No. 13
and top floor of building No. 14 who do not agree to shift to the
Transit Camps immediately, an option may be given to them for
shifting either to Mahul, Chembur by way of a waiting
period/interim arrangements and continue to live there before they
move to Transit Camp Nos. 13A and 13B when the same are ready and
fit for human habitation as per their satisfaction.
10. However, this offer also was not acceptable to the
counsel representing the petitioners' cause. The counsel for the
petitioners submitted that the occupants of the building No. 13 and
top floor of building No. 14 should be allowed to continue at their
own risk until and unless the Transit Camp Nos. 13A and 13B are
complete for habitation in all respects.
11. At this, the response of the learned Attorney General on
behalf of the respondent No. 1 was that if the occupants of the
building No. 13 and top floor of building No.14 wish to continue even
in the existing buildings at their own risk,a statement may be
recorded to that effect on behalf of such occupants through their
counsel and they may continue to live there at their own risk for
which the respondent-Corporation shall not be liable in any
manner. However, we do not see any reason to permit this as well
since the order of this Court dated 11.1.2013 is clear to the effect
that the respondent No. 1 will be entitled to have the premises
vacated from the occupants of building Nos. 13,14,15 and 16 and even
pull it down.
12. In view of the existing precarious nature and status of
the buildings in question which is informed to be extremely grave, we
cannot permit the petitioners to continue to live in the existing
buildings for more than a fortnight which they have been ordered to
vacate. 
Therefore, we permit them to exercise their option of
shifting either to Mahul, Chembur or the Transit Camps Nos. 13A and
13B after a fortnight when the transit camps are made fit for
habitation with essential and basic amenities.
 However, if some of
the occupants of the building No. 13 and top floor of building No.
14 wish to continue in the existing buildings at their own risk even
after a fortnight, they are at liberty to seek permission from the
Bench which had passed the order sought to be modified as we
have taken up this application for modification only in view of its
urgency. 
In our considered opinion and in the wake of the order
passed by this Court on 11.1.2013, petitioners have no legal right
to continue to live in the existing buildings as this Court by its
previous order, sought to be modified, has already passed an order
for their eviction from the premises in question.
13. However, considering the peculiar facts and circumstances
as also taking into account the humanitarian consideration for the
occupants of the building No. 13 and top floor of building No. 14, we
accede to the request of the occupants of the building No. 13 and
top floor of building No. 14 communicated through their counsel that
if they wish to continue to live in the existing buildings beyond of
a period of fortnight until they move the Regular Bench, they may do
so at their own risk and in case the buildings in question falls down
in the meantime and the occupants suffer loss in any manner, the
whole and sole responsibility shall be of the occupants of the those
buildings and the Municipal Corporation of Greater Mumbai shall not
be liable in any manner for any consequence that might follow.
14. The Applicant/respondent No.1 however, shall make the
Transit Camp Nos. 13A and 13B habitable with all basic amenities
within a fortnight but not later than 30.6.2013. It was further
stated by the learned Attorney General that the respondent No. 1 will
offer all assistance and logistic support to the evacuees for
shifting them from the existing building No. 13 and top floor of
building No. 14 to Mahul, Chembur and continue to live there until
they reshift to the Transit Camp Nos. 13A and 13B after a fortnight
or till such time when the Transit Camps are complete to their
satisfaction.
15. It is made clear that the Transit Camp Nos. 13A and 13B
shall provide all basic amenities required for human habitation but
the word "habitation" will not be construed so as to insist for
fancy fittings in the Transit Camps.
16. I.A. No. 5 of 2013 is disposed of accordingly.






..........................J.
(GYAN SUDHA MISRA)










..................... .....J.
(MADAN B. LOKUR)






NEW DELHI
JUNE 14, 2013.










ITEM NO.22 COURT NO.2 SECTION IX


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).39114/2012

(From the judgement and order dated 30/11/2012 in AFO No. 119 of 2010 in
NM No.2401/2006 in BCCCL No.2798/2006 of The HIGH COURT OF BOMBAY)


MAZAGAON TADWADI BTT CHAWL NIWAS VASAH Petitioner(s)

VERSUS

MUNICIPAL CORPORATION OF GRT MUMBAI &ORS Respondent(s)

(With appln(s) for modification and direction and permission to file
Volume II and with prayer for interim relief and office report )


Date: 14/06/2013 This Petition was called on for hearing today.


CORAM :
HON'BLE MRS. JUSTICE GYAN SUDHA MISRA
HON'BLE MR. JUSTICE MADAN B. LOKUR
[VACATION BENCH]


For Petitioner(s) Mr. Vikas Mehta,Adv.
Ms. Sbhubham Tripathi, Adv.
Ms. Aditi Mishra, Adv.

For Respondent(s)
R-1 Mr. Goolam E. Vahanvati, AG
Mr. R.P. Bhatt, Sr. Adv.
Mrs. U.H. Despande, Adv.
Mr. J. Xavier, Adv.
Mr. Anand Sukumar, Adv.
Mrs. Meera Mathur, Adv.

Mr. Vijay Hansaria, Sr. Adv.
Mr. Ankur Saigal, Adv.
Mr. E.C. Agrawala,Adv.

Mr. Siddharth Singla ,Adv

Mr. Abhishek Gupta ,Adv



: 2 :

UPON hearing counsel the Court made the following
O R D E R

I.A. No. 5 of 2013 is disposed of in terms of signed order.


|(Pardeep Kumar) | |(S.S.R. Krishna) |
|Court Master | |Court Master |


[SIGNED ORDER IS PLACED ON THE FILE]




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