The court observed that these upper floors were illegally occupied without any Occupation Certificate (OC) and completely lacked a Fire NOC, making the entire high-rise unsafe for habitation.

“No Fire NOC, No OC – It’s a Danger to Life”

The division bench of Justices G.S. Kulkarni and Arif S. Doctor held that the 34-storey building located in Tardeo has been occupied illegally since 2011, with floors 17 to 34 never receiving statutory approvals. Shockingly, the building has no fire clearance from the Mumbai Fire Department till date.

“The occupants are a selfish lot, acting in gross violation of building norms and endangering their own lives and those of others,” the court remarked, calling it a case of “brazen illegality.”

Elite Residents, Yet Massive Violations

The court noted that residents of the building are from the “elite class of society” who purchased homes in a prime location, but still chose to occupy flats in a building with serious legal and safety shortcomings. Some alterations, like the merging of 26th and 27th floors into a duplex, were found to be in direct violation of sanctioned plans.

BMC Issued Multiple Notices Since 2011

The Brihanmumbai Municipal Corporation (BMC) had issued several notices under the MMC Act and MRTP Act, asking occupants to vacate or demolish unauthorized construction. These include:

• 2011 & 2012: Alteration and Fire NOC notices
• 2018: 50 individual notices under Section 53(1) MRTP Act
• 2020: Vacate notices under Section 353-A
  Yet, no compliance followed.

No More Protection, Time’s Up

The court vacated its earlier interim stay order (dated March 2025), which had temporarily restrained BMC from taking action. It ordered that all occupants from 17th to 34th floor must vacate within two weeks of the order being made available. BMC is directed to initiate legal action in case of non-compliance.

Lower Floors Still Under Scrutiny

Though floors 1 to 16 had a part OC, even those are now under review due to missing fire safety clearance. The court has scheduled the next hearing on July 29, 2025, to decide whether those floors can be legally occupied.

“This Building Cannot Be Occupied Without Safety Clearances”

The Court made it clear that:

• No humanitarian plea or regularization argument can override basic safety and legal compliance.
• Municipal inaction for over 15 years raises serious questions.
• Occupants continuing to live in such a structure do so at their own risk and legal consequence.

This landmark order may set a strong precedent for illegal high-rise constructions in Mumbai, especially where affluent societies try to shield themselves under the guise of post-facto regularization.

Also Read: Dharavi Redevelopment: Bombay High Court Rules in Favor of Adani, Rejects UAE Firm’s Plea

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