BMC Reviews Regularisation Application for Willingdon Heights as Court-Ordered Evacuation Successfully Completed

The Brihanmumbai Municipal Corporation (BMC) informed the Bombay High Court on Tuesday that it was currently reviewing an application seeking regularisation of unauthorised construction in the 34-storey Willingdon Heights tower at Tulsiwadi, Tardeo.

Senior advocate S U Kamdar, representing BMC, made this submission before Justices Girish Kulkarni and Arif Doctor during the proceedings.

Court Orders Successfully Implemented as Upper Floor Residents Relocate

Senior advocate Girish Godbole, appearing for the housing society, confirmed that residents from floors 17 to 34 had complied with earlier High Court directives by vacating their premises. He stated that the occupants had locked their units and departed, with Kamdar also confirming that the premises were now empty.

The directive originated from a July 15 High Court order requiring the 18 upper floors to be vacated within two weeks, with the clarification that reoccupation would only be permitted after obtaining a valid occupancy certificate. The Supreme Court subsequently upheld this directive on August 1.

Legal Challenge Stems from Construction Violations and Safety Concerns

The petition was filed by resident Sunil Jhaveri, who alleged gross illegalities in the tower's construction process. The building faced multiple compliance issues, including the absence of a fire NOC and possession of only a partial occupancy certificate covering floors 1 to 16.

BMC had identified several violations in floors 17 to 34, including the amalgamation of floors 26 and 27. Despite granting occupants an additional three weeks on humanitarian grounds on August 6, the High Court refused further extensions on August 27.

Fire Clearance Progress Amid Ongoing Irregularities

Godbole informed the bench that the fire brigade had issued a provisional fire NOC for the building. However, the judges sought clarification regarding irregularities even in floors 1 to 16, after Jhaveri's counsel alleged that an electrical room had been converted into a flat.

The judges remarked that the society needed to put everything in order before any regularisation could be considered.

Building Inspection Scheduled Before Regularisation Decision

BMC announced that it would conduct a comprehensive inspection of the building before making a decision on the regularisation application. The interim application filed by the society was disposed of during the proceedings.

Jhaveri's main petition alleging construction illegalities will now be listed before a division bench assigned to hear the matter, marking the next phase in the legal proceedings.