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Bombay HC orders residents to vacate unsafe buildings for redevelopment

#Law & Policy#Residential#India#Maharashtra#Mumbai City
Last Updated : 31st Aug, 2025
Synopsis

The Bombay High Court has directed 11 occupants of four unsafe buildings in Vasai West's Diwan and Sons Housing Enclave to vacate within two weeks, clearing the way for demolition and redevelopment. The Vasai Virar Municipal Corporation had already classified the buildings as dangerous, with a technical advisory committee confirming their poor condition. While 90% of residents supported redevelopment and appointed a builder, 11 opposed the plan. The court ruled that minority objections cannot jeopardize safety or stall majority-backed redevelopment, granting a short Ganpati festival-linked extension. If dissenting occupants fail to vacate, eviction will proceed with police assistance to ensure timely redevelopment.

The Bombay High Court has ordered 11 occupants of four dilapidated buildings in Vasai West to vacate their flats within two weeks, paving the way for demolition and redevelopment. The buildings, part of Diwan and Sons Housing Enclave on Ambadi Road under Pushpanjali CHSL and Deepanjali CHSL, had earlier been categorised as dangerous by the Vasai Virar Municipal Corporation. Conflicting structural assessments were reviewed by a technical advisory committee, which confirmed their unsafe condition and prompted official vacate notices.


Out of 113 residents, around 90 per cent had already supported redevelopment and appointed a developer to carry out the project. However, 11 occupants opposed the plan. The court highlighted that while minority members may express concerns, they cannot endanger the lives of the majority or obstruct redevelopment once consent is secured from most residents. Judges clarified that objections must be channelled through proper legal forums without halting the process.

Considering the timing of the Ganpati festival, the High Court allowed a short extension for vacating, provided the dissenting members gave an undertaking to vacate voluntarily and to avoid disrupting the demolition. If this undertaking is not honoured, the Vasai Virar Municipal Corporation has been permitted to proceed with eviction using police assistance.

By granting a limited festival-linked extension, the ruling acknowledged cultural sensitivities while reinforcing that redevelopment cannot be delayed indefinitely due to minority objections. The decision reiterates that once a majority consensus is reached, legal and administrative support must ensure timely redevelopment in the larger interest of residents.

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