MUMBAI: Refusing to show leniency to those who bought flats in an unauthorised and dilapidated building at Mumbra, the Bombay high court on Friday permitted them to seek regularisation only on the condition that they furnish an undertaking to hand over, within a specified period, their vacant flats and allow the municipal corporation to demolish the sevenstorey structure, if their plea was rejected.
Besides, the division bench of justice Abhay Oka and justice VL Achliya has further sought undertakings from all 72 families living in Noorjahan Towers in Mumbra stating that they will continue to occupy the building at their own risk and shall also be liable in the event the building collapses and causes loss to any outsider.
“Now, the time has come to hold that the purchasers of flats in unauthorised buildings buy the premises fully knowing that the construction is illegal,” the judges said, adding that a message is required to be sent out very loud and clear that such flat purchasers deserve no leniency.
The court was hearing a petition filed by Farooq Abdul Garar Qazi seeking demolition of the ground-plus-six-storey building constructed three years ago.
Claiming that he had given development rights of a small plot owned by him to a local builder to construct an eightstorey building in accordance with the law, Qazi alleged that the builder instead constructed a seven-storey structure without obtaining any permission f rom t he Thane Municipal Corporation.
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