Bombay High Court
AMAR KUNJ CO OP HSG SOC LTDversusMIRA BHAYANDER MUNICIPAL COPROPORATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the petitioners to obtain a structural audit and follow a prescribed procedure before any further action, and disposed the writ petitions.
Summary
The petitioners, a group of co‑operative housing societies, challenged the Mira Bhayander Municipal Corporation’s classification of their buildings as ‘C‑1’ and sought relief to avoid vacating the premises. The Court examined whether the societies were entitled to a structural audit before any enforcement action and considered the liability of society office‑bearers and occupants should a building collapse. It directed the societies to approach a private structural auditor from the corporation’s panel within 15 days and submit the audit report within 60 days. The report must be deposited with the corporation’s competent department within five working days, and any disagreement with the corporation’s earlier report will be referred to a Technical Advisory Committee for an independent opinion. The Court noted that until these steps are completed, occupants remain at their own risk and may be liable for any damage. Ultimately, the writ petitions were disposed with the above procedural directions and no substantive relief granted.
Issues considered
- Whether the petitioners can be compelled to vacate buildings classified as ‘C‑1’ pending a structural audit
- Whether the petitioners are entitled to a private structural audit before any enforcement action
- Liability of society office‑bearers and occupants for damage or collapse of the buildings
Subjects
- structural audit
- building safety
- co‑operative housing society
- municipal corporation
- C‑1 classification
- Technical Advisory Committee
- writ petition
- liability
Judgment
PDP 909 to 913-WP-10943-2026+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10943 OF 2026
Om Ram Sagar Co-operative Housing
Society Limited .. Petitioner
Digitally signed
by PRAVIN
DASHARATH
PRAVIN
DASHARATH
PANDIT
PANDIT
Date:
2026.08.28
Vs.
10:17:41
+0530
Mira Bhayander Municipal Corporation & Ors. .. Respondents
WITH
WRIT PETITION NO. 10947 OF 2026
Om Ram Ashish Co-operative Housing
Society Limited .. Petitioner
Vs.
Mira Bhayander Municipal Corporation & Ors. .. Respondents
WITH
WRIT PETITION NO. 10951 OF 2026
Om Ram Darshan Co-operative Housing
Society Limited .. Petitioner
Vs.
Mira Bhayander Municipal Corporation & Ors. .. Respondents
WITH
WRIT PETITION NO. 10963 OF 2026
Amar Kunj Co-operative Housing
Society Limited .. Petitioner
Vs.
Mira Bhayander Municipal Corporation & Ors. .. Respondents
1
PDP 909 to 913-WP-10943-2026+.odt
WITH
WRIT PETITION NO. 10965 OF 2026
Om Ram Thirth Co-operative Housing
Society Limited .. Petitioner
Vs.
Mira Bhayander Municipal Corporation & Ors. .. Respondents
...
Mr. Mangesh J. Nalawade a/w Asmita Rajbhar i/by Upshot Legal for the
Petitioner in all the WPs.
Mr. Rohit Sakhadeo for the Respondents in all the WPs.
...
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 27th AUGUST, 2026.
P.C. :
1. We have heard the learned Advocates for the Petitioners and the
Corporation.
2. The Petitioners are willing to approach a private structural auditor
enlisted in the panel of the Corporation, within a period of 15 days from today.
The said structural auditor wold carry out a structural audit of all the buildings
and submit the report, preferably within a period of 60 days. After the
structural auditor tenders the report to the Co-operative Housing Societies, the
Societies would deposit the said report with the competent department of the
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PDP 909 to 913-WP-10943-2026+.odt
Corporation, within five working days. If the report is in disagreement with the
impugned report generated by the Corporation, by which the buildings have
been classified in ‘C-1’ category, the Corporation would refer the buildings to
the Technical Advisory Committee (TAC) within a period of four weeks
thereafter and get an independent TAC report. After the TAC report, if the
Petitioners have any grievance, they are at liberty to avail of a remedy as is
permissible in law.
3. Needless to state, until the above steps are initiated, the occupants
of the Petitioners, Co-operative Housing Societies would reside in the said
buildings at their own risk and if there is any untoward/unfortunate incident of
any building suffering damage or collapse, leading to loss of property or life,
the concerned office bearers of the Co-operative Housing Societies and the
occupants themselves be liable and responsible.
4. In view of the above, these Writ Petitions are disposed off.
[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, ACJ.]
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