In a decisive intervention aimed at enforcing building compliance, the Bombay High Court has given a final three-week deadline to 27 families occupying the upper floors of a highrise in south Mumbai’s Tardeo locality to vacate their homes, as the structure lacks both an Occupancy Certificate (OC) and essential fire clearances.
The directive marks a significant chapter in Mumbai’s ongoing struggle against unauthorised constructions, particularly in upscale residential zones. The court clarified that the extension was being allowed strictly on humanitarian grounds, and any further non-compliance would result in immediate eviction and sealing of the flats by the Brihanmumbai Municipal Corporation (BMC). The building in question, a 34-storey tower known as Willingdon View, has been under legal scrutiny since a petition flagged construction irregularities and lack of requisite approvals for its top 18 floors. While the lower 16 floors have received partial clearance, the upper levels, reportedly occupied since 2008, were constructed without legal sanction and are deemed unsafe due to the absence of a fire safety no-objection certificate (NOC).
Also Watch: An Exclusive Interview with Sanjeev Jaiswal (IAS), CEO MHADA
Urban development authorities have been criticised for delayed action, allowing illegal occupancy to persist for over a decade. However, the latest judgment signals a renewed resolve to uphold civic discipline in real estate projects. The High Court, reiterating that the rule of law cannot be compromised, acknowledged the plea for more time but stressed that the risk to life and property could not be ignored. A bench comprising two senior justices observed that continued residence in the unauthorised floors placed occupants in jeopardy and amounted to defiance of urban regulations. The court instructed that residents may remain only until the new deadline, strictly at their own risk, and warned of swift action thereafter, including forced removal and sealing of the premises.
The Willingdon View Co-operative Housing Society, which owns the building, had moved both the High Court and Supreme Court to delay eviction. While the apex court upheld the eviction ruling earlier this month, it allowed the society to request limited relief in terms of time. The court’s latest allowance was accompanied by an order to file a formal undertaking within 48 hours and comply without exception. In a city where access to safe and legal housing remains a challenge, this ruling has reignited the debate around unchecked highrise developments, the accountability of civic bodies, and the need for stricter enforcement of urban planning laws. For now, all eyes are on the BMC, which has been instructed to act swiftly should the residents fail to vacate within the final grace period. While the verdict may seem harsh to the families involved, experts believe it sets a necessary precedent in the interest of urban safety, lawful construction, and responsible governance.
Also Read: Mumbai Sees Rainfall Rise After Long Break
Mumbai High Court Orders Illegal Flats Be Vacated In Tardeo
