MUMBAI: Observing that human lives are not cheap, Bombay high court on Friday directed a judicial inquiry to be held into the building collapse at Malwani, Malad (west), in which 12 people died including “eight innocent children”.
The high court (HC) appointed former HC judge, justice (retired) J P Deodhar as commissioner of inquiry, and has sought a preliminary report from him on June 24.
“Let us tell all [municipal] corporations.
Any future incident of building collapse and loss of lives, we’ll come down heavily,” said a bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni warned.
The judges said despite HC initiating suo motu PIL after the September 2020 Bhiwandi building collapse that took 38 lives, and several orders were passed, no positive action was taken by civic authorities to avert future building collapses.
The judges noted that from May 15 to June 10 there were four incidents — the last two in Mumbai.
“What is happening? How many lives will be lost?” the CJ asked.
Senior advocate Anil Sakhare, for BMC, said the Malad building was on collector’s land and it is the authority to take action on its land, as per a government resolution (GR).
Advocate general Ashutosh Kumbhakoni said the GR does not curb the power of BMC to take action against illegal structures.
Additional solicitor general Anil Singh said 50-75 % structures on collector’s land in Malwani are unauthorised.
The judges lamented the failure on planning aspects, saying people’s lives are being played with.
“What impression is given to the entire country that this is happening in Bombay (sic) and adjoining areas! How many collapses have you seen in the entire country?” asked justice Kulkarni.
The judges said it is for the BMC commissioner to bring accountability.
“We are pained at this…
This pain should also be felt by corporators and those manning wards.
This is a man-made disaster.
Every monsoon this has to happen,” said justice Kulkarni.
The judges also said while they were thinking of Covid wards for children, “this collapse has taken the lives of eight children”.
The terms of reference of the inquiry include whether the owner/ person responsible for construction of the building obtained a sanctioned plan from appropriate authority before constructing, and if action was taken for violations.
Also, on whom can responsibility be fixed, who were statutorily responsible, to keep vigil and supervision of illegal structures in the area and “how many other buildings/structures in the area are illegal/unauthorised.”