HC grants rights to BMC to forcibly evict residents of dilapidated bldgs.

By Accommodation Times News Services

dilapidated building 3Bombay High Court approved Brihanmumbai Municipal Corporation (BMC) plea to have right to evict residents of dangerous and dilapidated buildings. The court on 23rd June, Monday issued guidelines for classification of dilapidated buildings, eviction, demolition and rehabilitation of occupants of such buildings and said, that BMC can evict residents within one week of issuing notice.

A month before BMC had filed a petition in court regarding to buildings in the C-1 category that refers to highly dangerous and dilapidated buildings. They said they face during difficulties vacating dilapidated buildings, under implementation of notices issued under section 354 of the Mumbai Municipal Corporation (MMC) Act, under which the corporation can evict occupants of a dilapidated building and demolish the precarious structure.

As per BMC Mumbai has, 1,236 C-1 category buildings, of which 828 are privately-owned.

The High Court’s go-ahead to the BMC’s guidelines will enable the corporation to evict the occupants of a C-1 category buildings, including state and corporation-owned as well as privately-owned, within seven days of issuing a notice under section 354. If occupants refuse to vacate the premises, the corporation can ask the police to evict them using “nominal force”.

As per the guidelines BMC can use police force to evict residents who are unwilling to vacate the premises along with their belongings, without causing any damage to them and their belongings. The guidelines highlights some important points like, BMC will independently inspect buildings before labelling them C-1. If BMC find building highly dangerous, they will give seven days to occupants to vacate. BMC can then disconnect water, gas and power supply to the building. If occupants refuse to vacate the building, BMC can use police force. After their eviction, BMC can then demolish the building

The court said that “Implementing such order is necessary to make section 354 effective and to save peoples life, who stay in such structures and around them.

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One thought on “HC grants rights to BMC to forcibly evict residents of dilapidated bldgs.

  1. In our society managing committee has voilated many things. They are builder’s popets. BMC declared our building intentionally with help of builder to remove. But as i want copy of approved plan and permissions with individuals agreement but as both committee and doesn’t want to give as per registered development agreement showing that policy has changed they removed forcibly with my family and belongings under notice 354 with high court decisions L/1135 on 3rd January 2015. But bmc disconnected water supply on 11.07.2013 then September 2014 disconnected electric supply with bmc, reliance energy and police force showing L/1135. But still I was staying with my family because no alternative accommodation arrangements were made and no copy of permission given and individuals agreement. On January 3rd 2015 forcibly evicted myself. As per order L/1135 can’t issue commencement certificate untill and unless either individual agreement or settlement is made but in our case BMC HAS VOILATED AND ISSUED COMMENCEMENT CERTIFICATE TO DEVELOPER IN 25 APRIL 2016 CONTEMPT OF COURT ORDER. Does for this purpose Hon’ble high court have given extra power under 354. Please help and advice to take action against such criminal.

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