Bombay High Court Upholds Vacating Order For Dwarka Restaurant In Fort Amid Structural Repair Concerns

Dwarka restaurant at Fort has only until January 29 to vacate the premises at DG Chambers on Nanik Motwane Marg so that the owner of the 100-year-old building can undertake repairs. Kamath Brothers and six other tenants had filed a petition before the Bombay High Court for more time to vacate the premises but the plea was dismissed. As per the owners, 21 lawyers were also tenants of the building but they have vacated the premises.

The tenants occupy the ground floor and part of the second floor in the two-storey structure. Following conflicting structural audit reports by two firms hired by the owners – Irishman Developers Pvt Ltd – and the tenants, the matter was referred to the Technical Advisory Committee (TAC) of the BMC.

C2-A category buildings

After inspection, the TAC prepared a report on July 21 last year and categorised the building as C2-A category. Buildings in this category are said to be partially unsafe/ dangerous, and require major structural repairs by partially vacating it. The report stated that the structural repairs would have to be carried out within three months, otherwise the building would be treated as C1 (dilapidated beyond repair) and would have to be demolished.

After the report, the BMC issued a notice, asking the owners to carry out the repairs. In August 2023, the tenants sent a letter asking the owners to act on the TAC report and the BMC notice.

Owners allegedly failed to carry out repairs

However, the three-month period as mandated by the report had lapsed. Alleging that the owners failed to carry out the repairs, Kamath Brothers and other tenants approached the high court in September seeking directions to the BMC to act on its notice to the owners. It also sought directions to the owners to carry out the necessary structural repairs.

Advocates Yashodeep Deshmukh, Vinod Sangvikar and K Amol, appearing for the owners, informed the court that a proposal for the repairs has been submitted to the BMC. All the tenants, including 21 lawyers, have vacated the building, said Deshmukh. Taking this into account, the court said this tells them everything needed about the condition of the building.

Deshmukh clarified that there is “no proposal for redevelopment” and they will undertake the repairs once they receive approval from the civic body.

The advocates for the tenants, Karl Tamboly and Arshil Shah, sought three more weeks to make alternate arrangements but the bench of Justices Gautam Patel and Kamal Khata declined the request.