80-year-old in ‘unsafe’ building, Bombay HC allows power & water for now

Mumbai: As a temporary measure and on humanitarian considerations, Bombay HC directed restoration of electricity and water supply to a Bandra West building declared dangerous and dilapidated, following a petition by an 80-year-old resident.A vacation bench of Justices Advait Sethna and Sandesh Patil on Wednesday issued notice to BMC and posted the proceedings for May 25 for “further consideration”. “Until then, the petitioner may be permitted to reside in the said premises, with water and electricity supply being restored, purely as a temporary measure,” it said.The ground-plus-two floor building—Rup Niwas—has 12 flats. The petitioner, Ghansham Singh Narang, resides on the ground floor.

Citing extreme urgency, the petition said BMC had disconnected electricity and water supply on May 6, and Singh, a “super senior citizen”, is facing imminent threat of eviction and further coercive action.Narang’s advocate, Rohaan Cama, said classifying the building as ‘C-1’ (extremely dangerous and unfit for habitation) is itself contrary to law. He said a March 23 report of BMC’s technical advisory committee is legally unsustainable and has several infirmities.

BMC’s advocate Jyoti Mhatre said other residents had vacated their flats given the building’s condition. Cama said Narang has resided in the building since about 1975.The judges said “the only consideration that weighs with this court, at this stage, is purely humanitarian”. They did not wish to delve into the merits of the matter or the validity of the civic body’s action. However, considering Narang is a senior citizen, they added that “he ought not to be displaced suddenly as the same would cause great inconvenience to him”.

They reiterated that the relief was being granted “only for this reason”.Mhatre reiterated that the building is in a highly dilapidated condition. “In the interest of justice, the senior citizen petitioner should, in the meantime, get a breather to make arrangements to shift to alternative premises considering that his safety is equally paramount,” HC said.Cama said Narang will furnish an undertaking that he is ready and willing to reside on the premises until the next date “at his own risk and subject to the consequences...” Also, the civic body and/or its officers “shall not be made responsible in any manner whatsoever in this regard”.