"Poor impression of BMC in the country," Bombay High Court initiates judicial probe into Malad building collapse incident

The Bombay High Court on Friday directed for a judicial inquiry into the Malad building collapse case, after finding that the suo motu case initiated by the Court on building collapses in Mumbai had failed to prompt Brihanmumbai Municipal Corporation (BMC) officials into action..The Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni noted that from May 15 to June 10, 2021, there had been four incidents of building collapses, resulting in 24 deaths and injuries to 23 people..The Court observed that despite the suo motu case having been initiated upon instances of building collapses reported, the pendency of these proceedings are "yet to activate the officials employed with the municipal corporations to take positive actions to avert future building collapses".In view of this, the Court deemed it fit and proper to direct a judicial inquiry into the Malad building collapse.Justice JP Deodhar, former judge of the Bombay High Court was appointed as the Commissioner of Inquiry..The Chief Justice had expressed his concern earlier today about a building collapse in the area of Malwani. He had indicated that the suo motu plea for building collapse will be taken up post lunch. All counsel for the corporations were directed to remain present for the hearing.Post lunch, the Court noted that two of the four building collapse incidents had occurred within the BMC jurisdiction. The Court enquired if BMC had initiated any action against officials who are responsible for the Malad incident..Justice Kulkarni came down heavily against the inaction of BMC in the incident. He said,"What poor impression is being given to the country (of Mumbai and surrounding corporations)? That such collapses are happening only in the Mumbai region and the surrounding regions...We appreciate the efforts taken in COVID management, but why is the (BMC) Commissioner not taking action in such issues?"The Bench observed that all the civic authorities before it were failing on aspects related to planning."Some drastic step has to be taken against these people who are in charge. We are playing with the lives of the citizens," the Court said. .Justice Kulkarni also pulled up corporators (elected representatives to the municipal corporations) for their inaction. He asked, "What are they (corporators) doing? They should join the social cause. They should not reach out to the voters only at the time of elections. Why aren't they pointing out the issues?" He further reasoned that a possible reason for the inaction amongst the stakeholders was a lack of will and empathy. "We are deeply pained that the stakeholders are not doing their job and hence this is happening. If there is will at the higher level (of administration), then something can happen. This is nothing but lawlessness in the wards. You can realise the pain which we are feeling for the people who have died. The corporators and people manning the wards should also feel the pain," Justice Kulkarni expressed. .He asked Senior Advocate Anil Sakhare whether demolition orders had been issued with respect to the dilapidated building.Sakhare submitted that the land on which the building stood belonged to the Collector, and based on a government circular, BMC could not take action against such properties.Justice Kulkarni mused whether the corporation can be precluded from taking action against such constructions..CJ Datta chimed in, asking Sakhare to clarify whether a circular could override statutory mandate. He also noted that a corporation in Ulhasnagar had passed a law which ended up protecting an unauthorised structure."This legislation was introduced to overcome a judicial order. Is this a civilised society? And for whose benefit? We know that legislations are enacted by will of the people. Is this the will of the people?".After initiating a judicial inquiry, the Court indicated to the Commissioner of Inquiry that it would be "desirable" if at least a preliminary report is placed before it by June 24, 2021.To get clarification on whether the BMC had the authority to avert the building collapse, the Court directed the concerned District Collector to extend full co-operation to the Commissioner of Inquiry. The Commissioner was also granted liberty to seek help from the relevant departments of the BMC to probe into the issues of accountability..Similarly liberty was granted to take help from Senior Advocate Sharan Jagtiani, amicus curiae appointed by the Court.