Latest news with #Paryushan
Hindustan Times
a day ago
- Hindustan Times
Willingdon co-op residents in race against time to save their homes
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.
United News of India
4 days ago
- Politics
- United News of India
Khatik Community threatens hunger strike over Kalyan-Dombivli meat ban on Aug 15
West Mumbai, Aug 13 (UNI) The Kalyan-Dombivli Municipal Corporation (KDMC) has announced a ban on the sale of chicken and mutton on Independence Day, August 15, drawing sharp criticism from the Khatik community. Community representatives have warned that if the decision is not withdrawn by tomorrow, they will stage a hunger strike in front of the municipal headquarters on Independence Day, bringing chickens and goats with them in protest. Citing Krishna Janmashtami and the Jain community's Paryushan festival, the Chhatrapati Sambhajinagar Municipal Corporation has ordered slaughterhouses to remain closed on August 15. The Nagpur Municipal Corporation has also announced a similar ban on the sale of chicken and mutton on the same day. UNI SP SQ AAB
Time of India
6 days ago
- Politics
- Time of India
If pigeon-feeding ban continues in Mumbai, we will launch hunger strike from Aug 13, warns Jain muni
Mumbai: According to TV reports on Sunday, a Jain monk warned that members of the community will launch a hunger strike from Wednesday if the ban on feeding pigeons continues. Speaking to reporters, he said, "We will decide our final course of action on Aug 13, after Paryushan. If the ban remains, we will begin a satyagraha and hunger strike." He stressed that the Jain community is peace-loving and does not believe in taking up arms. "However, if needed to protect our religion, we will take up arms. We respect the Constitution, judiciary, and chief minister, but if our faith is attacked, we will not abide by court orders," he said. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Indian Express
07-08-2025
- Indian Express
HC ‘unwillingly' grants 3-week extension to vacate top 18 floors lacking OC of Tardeo highrise
The Bombay High Court on Wednesday 'unwillingly' and on 'humanitarian considerations' granted three more weeks to occupants of the top 18 floors of a 34-storey highrise in Tardeo, south Mumbai — that did not have occupation certificates (OC) — from vacating their premises, at their own risk and face consequences in event of any untoward incident. The court clarified that occupants of floors 17 to 34 of the Willingdon View Cooperative Housing Society tower will have to give an undertaking in that regard within two days, failing which Brihanmumbai Municipal Corporation (BMC) can take action and seal their flats at the cost of occupants failing to file an undertaking before the court. A bench of Justices Girish S Kulkarni and Arif S Doctor was hearing pleas pertaining to the highrise occupied by 50 flat purchasers of a total of 62 flats. The society in its interim application had sought more time to vacate the flats from the 17th floor to the 34th. This comes after the Supreme Court on August 1 dismissed a special leave petition (SLP) by the society that challenged a Bombay HC order from last month that directed 'selfish' residents occupying the top 18 floors and without OCs to vacate their premises within two weeks, the period of which was to expire on August 2. The bench led by Justice Kulkarni had last month clarified that members residing from floors 17 to 34 'would be entitled to occupy the tenements, only after OC is granted.' The bench had also raised concerns over no fire NOC to the entire highrise. The court had pulled up occupants of the tower for 'brazen illegalities' for years and being 'least bothered' about their own and others' lives and had said it cannot permit perpetuating illegalities as the same was deprecated. The bench had said the said occupants were earlier told to make alternate arrangements. The SC bench led by Justice J B Pardiwalla on August 1 had appreciated 'courage and conviction exhibited by the High Court in taking stern steps against such unauthorised constructions'. The SC had asked petitioners to approach HC in case they wanted some more time to vacate the premises. Senior advocate Dinyar Madon for the society claimed that it was difficult for 27 families occupying 18 floors to find alternate accommodation on leave and licenses basis within a short span, therefore the time be extended. 'We were hopeful about SC… There are difficulties. 50 percent of these people belong to the Jain community and Paryushan and Ganesh Utsav will start soon. There are school going children. Getting alternate accommodation for 27 families in short time is difficult,' Madon argued. 'We never had an inclination from the beginning. Everyday we are perpetuating illegality (by continuing occupation) and it cannot happen. You are making a mercy plea that you may be permitted to occupy for more time in the teeth of the law,' the judges orally remarked. 'In the facts and circumstances, we are not inclined to accept prayer (seeking extension of 12 weeks). However, only on humanitarian consideration and quite unwillingly we grant further extension of 3 weeks (from August 6) to the occupants of 17 to 34 floors to vacate their respective tenements and undertaking to that effect be placed before this court within 2 days, ' the HC recorded in its order The court permitted concerned families to occupy the flats for three more weeks at their own risk and disposed of the society's application. The HC said that it will consider the issues related to floors 1 to 16 having part-OC without fire approval during the next hearing on August 13.
Time of India
07-07-2025
- Politics
- Time of India
HC asks BMC to review decision to close abattoirs for only a day
Mumbai: Bombay High Court on Monday directed the BMC to reconsider its decision to close slaughterhouses for only a day during the Jain festival of Paryushan Parv. Chief Justice Alok Aradhe and Justice Sandeep Marne permitted two Jain trusts to make "detailed" representations to BMC and directed BMC to reconsider its Aug 30, 2024 decision before commencement of the festival on August 20. Two petitions were filed last year by Sheth Motishaw Lalbaug Jain Charities and Sheth Bherulalji Kanaiyalalji Kothari Religious Trust urging that abattoirs be closed for the entire 9-day period of the festival. On Aug 29, 2024, HC had directed BMC and municipal corporations in Pune, Nashik and Mira Bhayander to decide on their stand. Senior advocate Darius Khambata, for a trust, argued that BMC had not considered a Supreme Court 2008 judgment that upheld the 9-day closure for Paryushan. SC held that it is a reasonable restriction with no violation of fundamental rights of persons engaged in slaughter of animals. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The judges, however, pointed out "by that very analogy, others will seek similar relief for festivals like Ganpati, Durga Puja, Navami and Navratri. They said the petitioners have to show a fundamental or legal right to close slaughterhouses. "Let Corporation take a decision,'' the CJ added. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo Khambata said BMC had already taken a decision last year saying Mumbai's cosmopolitan population includes non-vegetarians. He said the premise of BMC's decision is the SC judgment "pertained to Ahmedabad where there is a preponderance of Jain community." He said 5.38 % of the Greater Mumbai population are Jains and 3.64 % in Ahmedabad. In fact, there are more Jains in Maharashtra than in Gujarat. Advocate Abhinav Chandrachud, appearing for the second trust, said according to the 2011 census there were 14 lakh Jains in Maharashtra and 5.7 lakh in Gujarat. Justice Marne, referring to the last para of the SC judgment, said, "Like this everybody will demand for different festivals." However, Khambata argued, "This is a festival of non-violence and ahimsa. Therefore I don't think any other community has this kind of festival." Government pleader Poornima Kantharia said as per a 2019 notification, slaughter houses have to close due to festivals including Paryushan for 7 days in all. BMC's advocate Akshay Shinde said it had notified 15 days in the year for such closure. The judges were "willing to adjudicate on the validity of the decision and also give you the option to ask the corporation to reconsider the decision." Disposing of the petitions, the judges also directed Nashik and Pune municipal corporations to decide on closure of slaughter houses during Paryushan. They clarified they have not expressed any opinion on the merits of the matter
