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Synopsis

The Bombay High Court has recently denied anticipatory bail to a man while observing that the rising occurrence of unapproved construction projects has a detrimental impact on public infrastructure.

A single-judge bench of Justice RN Laddha was hearing a pre-arrest bail application filed by one Mahesh Kumbhar, who was booked under the Bharatiya Nyaya Sanhita, 2023, and the Maharashtra Regional and Town Planning Act, 1966.

On 27 July 2024, the four-storey ‘Indira Niwas’ building, comprising seventeen flats and three shops, suddenly collapsed, trapping three individuals, who later succumbed to their injuries at the hospital.

An investigation by the informant, a Junior Engineer from Navi Mumbai Municipal Corporation, revealed that the building lacked proper authorisation and contravened the provisions of the MRTP Act. 

Further inquiry revealed that the applicant and the co-accused, Sharad Waghmare, had knowingly constructed the building using inferior materials, disregarding its structural integrity and putting the lives of its residents at risk.

The applicant contended that he only financed the construction of the building in 2009, while his partner, Vijay Gawade, was solely responsible for its construction and management.

The Additional Public Prosecutor appearing for the state argued that the applicant was responsible for the construction activities, and despite receiving notices from the Corporation to demolish the unauthorized construction, the applicant failed to take any action.

The high court observed that flats were rented, and the applicant derived benefit therefrom, and as a landlord, the applicant was responsible for the building’s construction, maintenance, and repairs.

Therefore, the high court rejected the pre-arrest bail application, noting that a thorough investigation was necessary to uncover the circumstances surrounding the construction of the building.

"A thorough investigation is necessary to uncover the circumstances surrounding the building’s construction and prolonged unauthorised status. The rising occurrence of unapproved construction projects has a detrimental impact on public infrastructure. It depletes resources and poses a serious risk to public safety. The absence of proper legal approval and expert consultation during construction, as well as routine post-construction checks, inevitably leads to catastrophic events like building collapse. The consequences are severe, resulting in loss of property and lives. Once a life is lost, it is an irreversible tragedy," the order reads. 

Case Title: Mahesh Motiram Kumbhar vs State of Maharashtra & Anr