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BMC, MHADA told to hold meeting with owner and tenants of Esplanade Mansion

Bombay High Court

Mumbai: The Bombay High Court today asked officials of Brihanmumbai Municipal Corporation and Maharashtra Housing and Area Development Authority (Mhada) to hold a joint meeting with the owner and tenants of century-old heritage building ‘Esplanade Mansion’ in south Mumbai that has been declared dilapidated.

A division bench of Justices V M Kanade and B P Colabawalla was hearing a petition filed by one of the tenants and advocate Ashok Sarogi challenging the eviction notice issued by MHADA Repair Board on June 1 this year directing the tenants to vacate as the building is dilapidated and dangerous.

According to the petition, it is a heritage building and the owners are interested in re-developing it.

“For the purpose of redevelopment, the owners are required to accommodate the existing tenants in the newly constructed building but the owners are not ready to do this. The building is in a reparable condition. In the past also, eviction notices have been issued and the tenants have been protected by the court. Despite ordering the owner to carry out repair work, nothing is being done,” the petition alleges.

The bench today sought from MHADA a report which says that the building is dilapidated and beyond repairs and hence dangerous to occupy.

Sarogi argued that the building can be repaired in a phased manner without any tenant vacating the premises.

The bench then directed BMC, MHADA to hold a meeting with the owner and tenants of the building. BMC has been asked to submit a report on June 19.

The petition has sought quashing of the eviction notice dated June 1, 2015 and also a direction to the owner of the building and MHADa to issue No Objection Certificate for repair of the building.

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