Mumbai: Bombay high court on Tuesday refused to extend the time for occupants to vacate the top 18 floors of a 34-storey building in Tardeo’s Tulsiwadi, which do not have an occupation certificate (OC).“Reading the Supreme Court order and the subsequent (HC) order passed on Aug 6, if we are to extend the time again, it will send out a wrong message, completely wrong message,” said Justices Burgess Colabawalla and Firdosh Pooniwalla.A petition was filed by Sunil Jhaveri, resident of Willingdon Heights, alleging gross illegalities with no fire NOC and only part OC for floors 1-16. The BMC flagged illegalities in construction of floors 17-34. On July 15, HC directed occupants of floors 17-34 to vacate within two weeks. On Aug 1, the Supreme Court upheld this order. On Aug 6, HC granted further three weeks time to vacate by Aug 27 and sought an undertaking from them.Since the regular division bench that had passed the order to vacate was unavailable on Tuesday, the matter was mentioned before the alternate bench by senior advocate Girish Godbole, for the housing society. He said a request was made to the registrar (judicial) to constitute the same bench. “Ultimately we are seeking relaxation in the undertaking we have given,” he added. Godbole said the BMC undertook three inspections in Aug and found all 17 objections were complied with. A regularisation proposal is filed and would take time to process. The fire department on Aug 25 conducted an inspection and on Monday gave a letter of compliance. The judges said until an OC is issued by the BMC “you can’t occupy the premises.” “Even if the fire department has cleared the building on all counts. At the end of the day, BMC still has to issue the OC,” said Justice Colabawalla.The judges pointed out that the HC on Aug 6 “very unwillingly” granted more time. Godbole said the original order was essentially because there was no fire NOC. “I’m not saying it is justified to occupy a building without OC. Nor am I arguing there are thousands of buildings in Mumbai (without OC),” he added. Justice Colabawalla said, “You will be allowed to get into your premises. It’s not that your premises are being demolished.” The judges were not inclined to extend the time and posted the matter before the regular bench on Sept 2.Opposing the prayer for extension of time, the BMC’s advocate Chaitanya Chavan said an eviction notice will be issued. “If they don’t comply, they will face the consequences,” said Justice Colabawalla.
