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The historic Mehta Mahal, a 56-year-old commercial building nestled on Mathew Road, has once again become the epicentre of legal turmoil as the Bombay High Court prepares to examine the civic guidelines governing unsafe structures. This iconic property, known for its disputed history, has drawn significant attention due to a 2021 report by an expert panel commissioned by the BMC, evaluating its structural stability.
The ongoing legal battle surrounding Mehta Mahal, famously dubbed one of the most contentious properties in South Mumbai by the Bombay High Court, now carries immense implications for the enforceability of local body guidelines in favour of private individuals.
The BMC, relying on recommendations from its technical advisory committee (TAC), had initially granted the Mehta Mahal Commercial Cooperative Premises Society Ltd permission to undertake immediate repairs on the building. In contrast, Drishti Hospitality Company Pvt Ltd, one of the property's owners, has vehemently contested this approach, rechristening the premises as 'Drishti House.' They cited a report from IIT-Bombay, categorizing the building as 'dangerous' and advocating for its demolition. Both the society and Drishti Hospitality have approached the Bombay High Court, seeking clarity on whether the 13-floor structure can be rehabilitated or must be razed to the ground.
Beyond the immediate dispute over Mehta Mahal, the High Court will deliberate on a broader issue—the viability of civic policies for handling unsafe buildings. The bench, comprising Justices Gautam Patel and Neela Gokhale, has expressed its intention to scrutinize the legal status of guidelines adopted by local authorities following court interim orders. Specifically, the court will assess whether such guidelines, albeit advisory in nature, can confer enforceable rights upon private individuals. This pivotal question could have far-reaching implications for future property disputes and civic policies.
The legal saga surrounding Mehta Mahal is further complicated by the existence of seven different proceedings, a testament to its storied past as a charitable trust-owned property. Drishti Hospitality, represented by senior counsel Sharan Jagtiani and advocate Manoj Agiwal, has invoked the IIT-Bombay report to request that the society produce a counter structural assessment, potentially leading to another referral to the TAC for evaluation.
In response, the society, represented by counsel Karl Tamboly and advocate Samit Shukla, has emphasized that they secured permissions for repairs based on the 2021 TAC report, with substantial progress already made (70% completion). The permission, valid until July 8, 2024, remains unchallenged directly, notwithstanding Drishti Hospitality's claims regarding the extent of repairs accomplished.
The Bombay High Court, taking all arguments into account, expressed reservations about disrupting the ongoing repairs, noting that a repair permission sanctioned by the MCGM based on the TAC report should not be hastily overridden by introducing another report and seeking a fresh TAC referral. With repairs still underway, the Court scheduled the next hearing for November 2, 2023.
The fate of Mehta Mahal and the precedent set regarding enforceability of civic guidelines hang in the balance as the legal battle unfolds within the hallowed halls of the Bombay High Court.
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