Court Authorizes Forced Demolition Of Hazardous Vasai Housing Complexes Despite Resident Opposition

Court Authorizes Forced Demolition Of Hazardous Vasai Housing Complexes Despite Resident Opposition
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Bombay High Court mandates demolition of unsafe buildings in Vasai West housing societies, ruling minority residents cannot block majority redevelopment decisions when structures pose life-threatening risks.

The Bombay High Court issued comprehensive demolition orders for structurally compromised residential buildings across two Vasai West housing societies, establishing that life safety imperatives override minority resident objections to redevelopment initiatives supported by overwhelming community majorities.

The judicial bench comprising Justices GS Kulkarni and Manjusha Deshpande delivered unequivocal rulings preventing residents from obstructing municipal demolition activities once structures receive official unsafe designations. The decision simultaneously prohibits minority factions from delaying redevelopment projects approved through democratic society voting processes.

This landmark ruling gains particular urgency following the devastating Virar building collapse on August 27 that claimed seventeen lives, underscoring critical need for immediate intervention when residential structures pose documented safety hazards to inhabitants and surrounding communities.

The legal proceedings addressed specific buildings H-1 and H-2 within Deepanjali Cooperative Housing Society alongside structures H-3 and H-4 of Pushpanjali Cooperative Housing Society, all located within Diwan and Sons Housing Enclave on Ambadi Road. The Vasai-Virar City Municipal Corporation classified these properties as C-1 category structures on February 28, indicating extreme danger levels necessitating immediate evacuation and destruction.

Initial confusion arose from contradictory structural engineering assessments, prompting referral to the municipal corporation's Technical Advisory Committee for definitive evaluation. Following comprehensive analysis, the committee confirmed building safety hazards on June 27, triggering formal evacuation notices issued July 1 directing residents to abandon premises immediately.

The court reinforced municipal authorities' legal duty to implement rapid protective measures when structures threaten human life, emphasizing that negligent officials may face personal liability for delayed response to dangerous conditions. This principle strengthens established judicial precedents requiring proactive civic intervention in hazardous building situations.

Evidence demonstrated that society members had achieved decisive consensus supporting redevelopment, with Pushpanjali residents approving by 87 percent margin while Deepanjali members endorsed reconstruction by 92 percent majority. Both communities formally engaged development contractors to execute rebuilding projects.

Legal representatives argued that resistance originated exclusively from small minority groups opposing specific redevelopment terms rather than fundamental safety concerns, creating unjustifiable delays in addressing immediate structural threats. The court accepted this position, ruling that limited dissenting voices cannot legitimately obstruct majority-mandated safety interventions.

Drawing upon established legal precedents, the judicial panel emphasized that redevelopment programs cannot be indefinitely delayed by obstructionist tactics from small resident groups. While acknowledging minority rights to pursue legitimate legal remedies, the court declared such objections cannot endanger lives or postpone hazardous structure demolition.

Municipal corporation counsel confirmed operational readiness to proceed with demolition while requesting police support against anticipated resistance. Dissenting residents acknowledged building dangers but sought extended evacuation periods to accommodate Ganesh festival observances.

The court granted limited timeline extension conditional upon residents submitting unconditional evacuation pledges and guaranteeing non-interference with demolition operations. This balanced approach respected religious considerations while maintaining essential safety timeline requirements.

Final orders mandated opposing residents submit evacuation commitments by August 26, allowing two weeks for complete property abandonment. Non-compliance would authorize municipal corporation to implement police-assisted forced eviction followed by immediate demolition execution.

The ruling specified that demolition costs would be recovered directly from housing societies, maintaining financial accountability with property owners. Courts permitted appointed developers to conduct demolition if societies provided authorization within ten days, while guaranteeing police protection for municipal operations to prevent interference or obstruction.

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