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The Bombay High Court has ordered the demolition of unsafe and unauthorised portions of a 12 storey South Mumbai building after serious safety and planning violations were found. Residents had raised concerns over open ducts, meant for light and emergency access, being converted into rooms and commercial units. The court highlighted missing fire safety systems, unauthorised construction on the top floor, and incomplete Occupation Certificates. Authorities have been directed to issue eviction notices, remove illegal construction, and restore safety compliance to protect residents and public safety.
The Bombay High Court has directed authorities to remove unauthorised and unsafe sections of a residential building in South Mumbai after confirming major violations of approved building plans and fire safety norms. A resident petition had raised concerns that construction work ignored approved plans and endangered occupants. Advertisement
The building, developed by Hi Rise Realty, began construction in 2009 with an approved plan specifying five rooms per floor and open ducts for ventilation, light, and emergency access. Inspections later revealed that the ducts from the first to seventh floors had been converted into residential or commercial units, in direct violation of the sanctioned plan. Some units were sold to third parties, and brick-and-slab work had been added to these spaces, effectively eliminating the ventilation and emergency areas.
The court noted that construction had exceeded authorised limits. While the Commencement Certificate permitted construction only up to the 11th floor, work had been carried out on the 12th floor without approvals. The petition stated that repeated complaints to municipal authorities had not been addressed, despite clear breaches of the MRTP Act, 1966, and other local regulations.
Fire safety lapses were particularly alarming. The fire brigade report highlighted missing systems, including a wet riser, external hydrants, automatic sprinklers, smoke detectors, fire pumps, backup power supply, and a designated refuge area. The court said these omissions posed serious risks to residents and that Occupation Certificates for all floors had not been issued.
The bench instructed civic authorities to issue eviction notices and ensure removal of unauthorised rooms constructed in ducts. Restoration of these spaces to original dimensions was required to maintain proper ventilation and emergency access. The demolition work was scheduled while considering local electoral restrictions, with authorities allowed to begin in the last week of January.
This case also sheds light on a broader trend in Mumbai, where unauthorised construction and fire safety non-compliance have repeatedly drawn judicial attention. Past rulings in similar cases have consistently highlighted the need for strict adherence to building approvals and safety norms to prevent risks to residents.
Authorities have been asked to monitor compliance and ensure that developers cannot bypass regulations. The ruling is a reminder that even longstanding buildings must meet safety standards and that residents complaints can prompt decisive action when negligence is evident.
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