BMC, planning authority for Greater Mumbai, is the competent authority to take action against illegal structures in slum areas said Bombay high court on Saturday .
“People losing lives in building collapses need to be completely obliterated. The right to livelihood, in our opinion, includes the right to live in safe building and houses,’’ said Chief Justice Dipankar Datta and Justice Girish Kulkarni.
The verdict came on a suo motu PIL after the September 24, 2020, collapse of Jilani building at Bhiwandi in which 38 people died. The court then focused on the June 9, 2021, Malwani building collapse that killed 12, including 8 children, and directed a judicial inquiry by Justice (retd) J P Devdhar.
The judges disagreed with senior advocate Aspi Chinoy, for BMC, that in regard to illegal structures in slum areas, the deputy collector is the competent authority under the Maharashtra Slum Areas Act, 1971. They agreed with advocate general Ashutosh Kumbhakoni and amicus curiae senior advocate Sharan Jagtiani that BMC could take action against unauthorised structure under the Slums Act as also MRTP Act and MMC Act. However, the judges said BMC will not have jurisdiction “when a demolition order has been made under the Slums Act.”
They accepted the June 24 inquiry report and its recommendations and issued several directions. They directed the principal secretary, urban development department, to initiate action against the municipal and state government officials/employees who were responsible to maintain vigil in Malwani village. They directed municipal authorities/competent authorities to take a review of illegal buildings from the “25th to 30th day of every month.”
Also the principal secretary, UDD/ municipal commissioner shall conduct an inquiry within 15 days of collapse, affix responsibility and institute criminal proceedings. They also directed that the Permanent Standing Committee (Encroachment Prevention) – constituted on December 15, 2005 – shall be made functional from March 15, 2022, and will hold two sittings a month to take account of that action against illegal structures in Mumbai.
The judges also batted for construction of mass housing, observing that the chaotic state of mushrooming of slums on open lands shall be avoided. “It cannot be overlooked that for a city as large as Mumbai, migrant workforce is indispensable and perennially required..The right to livelihood includes a decent living and not an animal existence. An endeavour ought to be made to bring about an era to have cities with no slums,’’ they concluded.