Mumbai: After nearly 19 years of relentless struggle against unauthorized construction, residents of the Sukh Shanti building on Pedder Road have witnessed the Brihanmumbai Municipal Corporation’s (BMC) partial demolition of an illegal structure. The building, home to a commercial establishment that had amalgamated two residential flats, served as the focal point of a long legal battle initiated by concerned residents who have grown increasingly frustrated with the BMC's inadequate response over the years.
The saga began in 2005, following the passing of Dr. Soneji, the owner of one of the flats under scrutiny. His death paved the way for Nishant Mahimtura, co-owner of a second flat, to break through the common wall separating the two units and transform them into a single commercial space. This alteration not only violated property regulations but also encroached upon communal spaces intended for all residents. “It is disappointing to witness such blatant misuse of property rights. The original layout was altered without any legal standing, and the common passageway was not respected,” stated Advocate Vijay Mishra, who represents Sukh Shanti Cooperative Housing Society.
After nearly 19 years of struggle, residents of Sukh Shanti building on Pedder Road see BMC partially demolish an unauthorized structure. | FPJ
After nearly 19 years of struggle, residents of Sukh Shanti building on Pedder Road see BMC partially demolish an unauthorized structure. | FPJ
The first complaint was lodged shortly after Dr. Soneji’s demise, when residents became aware of the unlawful amalgamation of the flats. On January 13, 2005, they brought their concerns to the Gamdevi police station. However, real recourse came a year later when they filed a formal complaint with the BMC on January 2006. The BMC swiftly responded by issuing a notice to Mahimtura on January 24, 2006, in violation of Sections 342 and 347 of the Mumbai Municipal Corporation (MMC) Act, leading to the removal of an illegal rolling shutter just days later. Nevertheless, Mahimtura’s defiance was evident as he quickly rebuilt the shutter, prompting a tug-of-war between residents and the tenant.
Tejas Dharia, chairman of Sukh Shanti CHS, spoke candidly about their frustrations, “The key disappointment lies in the fact that while the BMC has taken some action, it has not been sufficient in completely addressing the illegal encroachments that persist. We had hoped to see a more holistic resolution to the situation. As of now only the encroachment in the common passage has been cleared, the display window is still untouched.”
As residents rallied together to fight against the illegal transformations, they faced a bureaucratic labyrinth. “Following numerous complaints we filed, we turned to the civil court in hopes of finding justice and confrontation against these encroachments,” recounted Advocate Kunal Patel, also representing Sukh Shanti CHS. By mid-2006, after receiving visibility from the BMC’s D Ward office, Mahimtura was slapped with a series of notices regarding his unauthorized construction all of which went unanswered.
A notice issued in July 2006 was particularly emphatic, stating that Mahimtura had failed to provide any documents proving that his alterations were sanctioned. The notice called for a complete restoration of the flats to their original state and warned of consequences that included demolition at Mahimtura’s risk and cost. Despite these strong warnings, Mahimtura continued to flout the regulations, and the lack of effective enforcement by the BMC prompted residents to escalate their legal fight.
In a bid to protect their rights and restore their home, the residents took their case to the Bombay High Court in August 2006. The court ruled in favor of the residents, directing the BMC to proceed with the demolition of illegal structures. However, the wheels of justice turned slowly. As the years passed, residents expressed frustration at what they referred to as BMC’s inaction and a complete disregard for the law. The case remained tangled in litigation, drawing closer scrutiny only as the years piled on and the issues remained unresolved.
Finally, on October 1, 2024, during a hearing, the court admonished the BMC for its inability to act decisively. By that point, residents felt a mix of anxiety and cautious optimism, as many had also become weary with the drawn-out process.
On the day of the partial demolition, residents watched the BMC dismantle portions of the structure, with many believing it was merely a symbolic gesture rather than an earnest effort to resolve the ongoing violations. Inder Kumar Nigotia, secretary of the building said, “The work done so far is minimal at best. The illegal display window remains untouched, leaving us feeling that we are far from a complete resolution.”
Adding to the complexity of the situation was the presence of designer Riyaz Gangji, who operated his fashion store, Libas, out of the modified space. Gangji insisted that there was no basis for the BMC’s actions, claiming, “We received a notice back in 2007, but my partner was later acquitted of all allegations. The BMC is relying on outdated arguments, creating confusion.”
The court granted Mahimtura, who failed to appear, an additional opportunity by postponing the hearing to October 18.
While the BMC has taken its first steps towards addressing the violations after many years, the residents of Sukh Shanti building believe the battle is not over. They continue to call for comprehensive action to restore the integrity of their beloved community while grappling with the limits of municipal governance amid rampant urban expansion.
