Willingdon co-op residents in race against time to save their homes

Hindustan Times

2 days ago

MUMBAI: In a little over 10 days, the fate of 27 families residing between 17th and 34th floors of the Willingdon View Cooperative Housing Society (CHS), in Tardeo, will be sealed. The residents are racing against time to get their fire safety certificate from the Brihanmumbai Municipal Corporation (BMC), to avoid eviction. Mumbai, India. Aug 08, 2025: View of Willingdon Heights at Tradeo in South Mumbai. The Bombay High Court ordered 27 families living on the upper 18 floors to vacate their flats within three weeks, as these units do not have an Occupancy Certificate (OC). Mumbai, India. Aug 08, 2025. (Photo by Raju Shinde/HT Photo) (Raju Shinde)
On August 1, the Supreme Court (SC) had declined to interfere with the Bombay High Court's (HC) directive to evict residents from these floors which neither have Occupancy Certificate (OC) nor a fire department No Objection Certificate (NOC), on August 27. Many have lived here for over a decade.
The building, constructed in 2010, has part-OC and no NOC for fire safety. The deadline for eviction incidentally coincides with upcoming festivals – Paryushan, a Jain festival of self-purification, and Ganesh Chaturthi.
After the SC's August 1 directive the society submitted an undertaking to BMC on August 8, in which the residents formally agreed to vacate their flats on August 27. Failure to move would result in forcible eviction with police assistance, following which the premises would be sealed, civic officials had confirmed at the time.
The affected residents are soldering on to protect their homes and working hard to fulfil all 17 requirements set by the Mumbai Fire Brigade, which include installing fire sprinklers on every floor, acquiring diesel generator (DG) sets and constructing a nine-metre-wide ramp for emergency vehicle access, before the next HC hearing on August 22, which concerns the OC for lower floors (1 to 16). Twenty five families reside on those lower floors – they are protected for now as the building has part-OC, while those on the upper floors are facing the brunt of the legal and logistical battle.
The fire department's inspection of the premises on Thursday has infused a shot of optimism among residents. The fire NOC is crucial, since without that, the society cannot secure a full OC, especially for floors 17 through 34, which are deemed unauthorised under current regulations.
'We are leaving no stone unturned,' said Narendra Bhandari, chairman of the society, who is overseeing the ongoing construction of the ramp at one of the building's entrances. 'We've fulfilled nearly all the fire compliance norms, save one minor condition. We are ensuring every little detail is being taken care of for the safety of the residents,' he said.
Mahesh Shivahare, the society's secretary and a 24th-floor resident, echoed the urgency of the situation. 'We have complied with all fire safety requirements. All the work is nearly done, but we are fighting against time. We have exhausted all our resources – the emotional and financial strain have been immense,' he said. Karan Singh, who lives on the 13th floor, said, 'We are united and staying strong. Our focus is on getting the fire NOC before August 27.'
The present crisis has cast a shadow over upcoming festivals, with residents overwhelmed by the uncertainty of their future. Articulating the collective fear, Shivahare said, 'We have senior citizens with health issues, school-going children, and two weddings planned by two families.'
Dilip Sethia, a 19th floor resident, pointed out how the deadline comes at a time of festivities. 'Most of us are Jains who observe Paryushan from August 20 to 27. Our festivals are meant to be peaceful. We fast in this period, but now we are dealing with uncertainty and fear.'
Satish Mehta, who owns two flats on the 34th floor and has lived in the society for over 12 years, highlighted the immense logistical challenges of relocating. 'There's a shortage of rental flats in Tardeo due to ongoing redevelopment. We need at least 40 flats within 10 days. Many of our residents are elderly and ailing. Uprooting them is not just difficult, it's challenging,' he said.
The origins of the problem date back to 2018, when BMC first served a notice to the society to vacate the premises, deemed illegal for failure of compliances, under the Maharashtra Regional and Town Planning (MRTP) Act. A follow-up notice in February 2025 reaffirmed the order to vacate. The demise of the builder and his absconding son through this time had left residents in a legal quagmire.
Reflecting on the lessons learned, Mehta pointed out that unlike in the past, today there is much more transparency in property sales, as buyers can easily access information through BMC's portal and the MahaRERA website, where both complaints and builder records are available.
'It's no longer easy for builders to cheat, there are clear avenues for accountability. But when we purchased this property in 2010, everything was manual, and awareness was low. I would advise buyers to verify every plan the builder shows with the BMC's building proposal department. Builders often revise and amend plans, presenting one version to buyers while the BMC may have an entirely different one on record, especially regarding FSI concessions,' he added.
Meanwhile, the court's decision on August 22 will determine whether their last-ditch efforts will bear fruit or force them into a hurried and painful exodus on August 27.
80% of Mumbai's bldgs operate with part-OC
A senior housing expert, who did not wish to be named but has worked extensively with the government, said that around 80% of Mumbai's buildings operate with only part-Occupancy Certificates (OC), a loophole often exploited by builders.
'Developers complete construction, following which they apply for part-OC so that they can get permission from BMC to carry out work on the interiors. Once that is in, electricity and water is provided to the buildings for six months. This part-OC is meant only for temporary work, not for occupation. However, once it is granted, people move in. After six months there are no checks from the administration,' he said.
On the issue of flouting FSI (Floor Space Index) norms, he pointed out that changing regulations over time have allowed builders to exploit the system. 'Earlier FSI rules were different. Builders constructed illegally, and now they push for regularisation under the new FSI regime. It's a system that encourages violations, with money exchanging hands between builders, politicians and officials.'
He criticised the new Development Control Regulations (DCR), saying they effectively reward violations. 'DCR 33(11), 33(12B), and 33(20B) allow illegal constructions to be regularised by granting additional FSI. These rules are destroying the city.'
What the law says
'A No Objection Certificate (NOC) for fire preparedness, by itself, is not sufficient. It must comply with the law. An NOC from the fire department that violates fire safety norms is just as bad or worse than having no NOC at all. The core issue isn't just the lack of a fire NOC, but whether the construction violated provisions of the National Building Code, which the chief fire officer (CFO) is duty-bound to enforce,' said Advocate Y P Singh.
Singh referred to The Maharashtra Fire Prevention and Life Safety Measures Act, 2006, which mandates that fire NOCs be issued in alignment with the National Building Code. 'The acid test is whether those rules were violated and if so, whether such violations are being overlooked in other new buildings across Mumbai,' he said, warning that many high-rises are currently flouting fire norms. 'We're seeing 50-storey towers with only 1.5 metres of open space when the code mandates 20 metres. This shows blatant non-compliance. There needs to be a citywide audit of all fire NOCs issued. Wherever violations are found, those buildings must be evacuated,' said Singh.
Willingdon Vs Campa Cola case
The Campa Cola housing society, in Worli, and Willingdon View Cooperative Housing Society – both mired in cases of illegal construction – differ significantly in legal reasoning and judicial approach. HT has seen the copy of the HC order of July 15 2025, pronounced in the Willingdon case, which underscored the differences between this and the Campa Cola case. It stated that in the case of Campa Cola, the Supreme Court initially granted temporary relief to residents on humanitarian grounds, invoking Article 142 of the Constitution, which empowers the court to deliver complete justice. The case involved unauthorised floors in the housing complex that exceeded the permitted Floor Space Index (FSI).
In contrast, the Willingdon View case involves the absence of fire safety NOC and a full occupation certificate, which renders the building illegal. The court firmly rejected any comparison with Campa Cola, emphasising that statutory provisions and planning regulations must be upheld. The court also criticised a recurring pattern in Mumbai's real estate sector, where developers and societies exceed permissible limits and later seek protection on humanitarian grounds.