The Bombay high court on Tuesday directed a structural engineer on
its own panel to conduct an audit of a dilapidated 83-year-old Parsi building at J Shankharsheth Marg that needs urgent repair/redevelopment.
Residents Jehangir Gia and Farook Thanewala had moved court after the building’s owners - the HB Wadia Fire Temple Charity Fund Trust - refused to spare any funds for repair work.
The division bench of justice S A Bobade and justice R D Dhanuka asked the Maharashtra Housing and Area Development Authority (Mhada), “Will repairing the structure ensure a strong or weak foundation?”
The Mhada counsel informed the court that this would have to be ascertained after carrying out an audit. The court then ordered an audit and directed the engineer to submit the report within two months in a sealed envelope.
According to the petition filed by Gia, the Girgaon building was constructed in 1928. For the next 50 years there were no problems, but during the past 30 years there were no repairs carried out. In 2007 the tenants had organised a pre-monsoon survey by a private company. The repost suggested immediate repairs within the next six months, and estimated the cost to be about Rs30 lakh.
The tenants wrote to the trust and Mhada, requesting them to carry out the repairs. Mhada replied that it would contribute Rs17.6 lakhs and the rest would have to be borne by the tenants. The trust refused to make any payments, saying that since there was a fire temple in the vicinity of the said building, that interest was of paramount importance.
The tenants subsequently moved court, seeking a directive to the trust to allow the property to be re-developed, given that the tenants were not able to raise the required amount. The bench has now adjourned the hearing on the petition by three months.
Residents Jehangir Gia and Farook Thanewala had moved court after the building’s owners - the HB Wadia Fire Temple Charity Fund Trust - refused to spare any funds for repair work.
The division bench of justice S A Bobade and justice R D Dhanuka asked the Maharashtra Housing and Area Development Authority (Mhada), “Will repairing the structure ensure a strong or weak foundation?”
The Mhada counsel informed the court that this would have to be ascertained after carrying out an audit. The court then ordered an audit and directed the engineer to submit the report within two months in a sealed envelope.
According to the petition filed by Gia, the Girgaon building was constructed in 1928. For the next 50 years there were no problems, but during the past 30 years there were no repairs carried out. In 2007 the tenants had organised a pre-monsoon survey by a private company. The repost suggested immediate repairs within the next six months, and estimated the cost to be about Rs30 lakh.
The tenants wrote to the trust and Mhada, requesting them to carry out the repairs. Mhada replied that it would contribute Rs17.6 lakhs and the rest would have to be borne by the tenants. The trust refused to make any payments, saying that since there was a fire temple in the vicinity of the said building, that interest was of paramount importance.
The tenants subsequently moved court, seeking a directive to the trust to allow the property to be re-developed, given that the tenants were not able to raise the required amount. The bench has now adjourned the hearing on the petition by three months.
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