AJN 08-OS-WP2338.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2338 OF 2010 Esplanade School Building Tenants Welfare Association. ... Petitioners Vs. The Municipal Corporation of Greater Bombay & Anr. ... Respondents Mr. C.K. Tripathi for the petitioners. Mr. K.K. Singhvi, senior counsel with Ms. K.R. Punjabi for the respondents. CORAM: MRS. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 8TH APRIL, 2011. P.C.:- 1. The petitioners are a welfare association of tenants of a heritage building known as Esplanade School Building constructed in the year 1890 or prior to that. It is the petitioners' case that by passage of time, the said building has become dilapidated and it is likely to collapse any moment. In case the building collapses, several people will lose their lives. The petitioners have, therefore, AJN 08-OS-WP2338.10 2 prayed that respondent 1-Corporation be directed to consider the proposal of the petitioners and permit them to carry out repairs of the said building in accordance with the plans submitted by the petitioners to it, in compliance with notice dated 26/11/2008 issued under Section 354 of the Mumbai Municipal Corporation Act, 1888 (for short, “the MMC Act”). 2. We have heard Mr. Tripathi, learned counsel appearing for the petitioners and Mr. Singhvi, learned senior counsel appearing for the respondent-Corporation. 3. There is no dispute about the fact that the building in question is a heritage building and is in a dilapidated condition. Notice is issued by the Corporation to the petitioners under Section 354 of the MMC Act calling upon them to repair the said building after complying with the conditions stated therein. 4. Learned counsel for the petitioners submitted that AJN 08-OS-WP2338.10 3 some tenants have carried out unauthorized constructions on the ground, first, third floors of the said building. We are informed that S.C. Suit No.4840 of 2004 is pending in the City Civil Court, Mumbai as regards unauthorized construction on the 1st floor of the building. They City Civil Court has stayed notice issued by the Corporation under Section 354 of the MMC Act. In that suit, evidence is being adduced. In respect of the unauthorized construction on the 3rd floor, notice under Section 351 of the MMC Act is issued. S.C. Suit No.2463 of 2005 is pending in the City Civil Court at Mumbai as regards that unauthorized construction. We are informed that no interim order is passed in that suit. 5. Mr. Singhvi submitted that the said building is in such a ruinous condition that removal of unauthorized construction is also risky. In the circumstances, we feel that the repairs of the building must be first carried out under the guidance and supervision of experts and structural engineers. It is only after the building is AJN 08-OS-WP2338.10 4 repaired and strengthened that unauthorized construction should be removed. 6. Mr. Singhvi on instructions from the officer of the respondent-Corporation, who is present in the court, makes a statement that the respondent-Corporation has no objection if the petitioners carry out the repairs of the said building in accordance with the notices dated 26/11/2008 and 20/11/2010 issued by the respondent- Corporation. Counsel for the petitioners states that the petitioners shall carry out the repairs as per the said notices. 7. In view of these statements, which we have accepted and in the circumstances of the case, we expect the respondent-Corporation to expedite the sanctioning of plans submitted by the petitioners, in accordance with law. The petitioners have applied for NOC from the Heritage Committee. We expect the Heritage Committee to expeditiously consider the petitioners' application for AJN 08-OS-WP2338.10 5 grant of NOC, in accordance with law. The petitioners shall take NOC from the Authority in whom the plot in question vests; if it is respondent 1-Corporation then it shall expedite the grant of NOC, in accordance with law; and if it is the State Government, then the Collector shall expedite the grant of NOC, in accordance with law. We hope that the parties will take notice of the anxiety expressed by this court and take steps expeditiously. 8. We direct the City Civil Court, Mumbai to try to dispose of S.C. Suit No.4840 of 2004 where evidence is being adduced, by the end of April, 2011 after giving notice to all parties. We also direct the City Civil Court Mumbai to dispose of S.C. Suit No.2463 of 2005 as expeditiously as possible after giving notice to the parties. 9. No further orders are required at this stage. The petition is disposed of. [MRS. RANJANA DESAI, J.] [R.G. KETKAR, J.]