High Court Orders Demolition of South Mumbai Building for Safety Violations
In a significant ruling aimed at curbing illegal constructions that compromise fire safety, the Bombay High Court has ordered the demolition of unauthorized structures in a building in South Mumbai. The court's decision comes after a resident, Saba Qutty, filed a petition highlighting multiple violations by the developer, Hi Rise Realty.
Saba Qutty, a resident of Sara Palace in Madanpura, moved the High Court in May last year, alleging that the Brihanmumbai Municipal Corporation (BMC) had failed to prevent numerous illegalities and unauthorized constructions in the building. Qutty pointed out gross violations of the sanctioned layout plans approved by the BMC. She noted that parts of the building were illegally occupied, electrical duct areas had been converted into habitable or commercial spaces, and third parties had encroached into the building’s space. Additionally, portions of the building beyond the commercially saleable area, as per the Development Control Regulations (DCR), had been sold.
The petition, filed through advocate Vedchetan Patil, detailed that Hi Rise Realty began constructing the 12-storey building in 2009 with approved building plans. These plans mandated that each floor should contain five rooms and an open duct area to be kept open for ventilation, light, and emergency access. However, when Qutty inspected the area and inquired with the developer, she was informed that the open duct areas from the 1st to 7th floors were allegedly sold or allotted to third parties.
During the hearing on December 9, 2025, the division bench of justices Ravindra Ghuge and Ashwin Bhobe reviewed a report submitted by the Mumbai fire brigade. The report highlighted several safety violations in the building, including the absence of a fixed firefighting installation system, such as a wet riser, external hydrants, an automatic sprinkler, a smoke detection system, fire pumps, an alternate source of electricity supply, a fire alarm system with a main control panel at the ground floor, and a refuge area on the 8th floor.
'We are horrified by the report,' the court stated, noting that an Occupation Certificate (OC) had not been issued, despite residents occupying the flats. The bench directed the BMC to immediately initiate steps and issue eviction notices to the residents. It also ordered the demolition of several rooms constructed by converting electrical ducts and fire ducts into living areas, and the restoration of the ducts.
However, considering the imposition of the Model Code of Conduct due to civic body elections on January 15, 2026, the court directed the authorities to initiate the demolition between January 27 and 31. This decision underscores the court's commitment to ensuring public safety and upholding building regulations, even in the face of electoral constraints.
The Bombay High Court's ruling serves as a strong deterrent to developers and builders who flout regulations, emphasizing the importance of adhering to approved plans and safety standards in construction projects. It also highlights the role of vigilant residents and the judiciary in maintaining the integrity of building codes and ensuring the safety of the public.
