Esplanade Mansion: HC asks Mhada to list out precautions for demolition

The Bombay High Court Tuesday asked the Maharashtra Housing Area Development Authority (Mhada) to list out precautions it proposes to take to secure the area around the Esplanade Mansion before demolishing it.

On directions of the HC, the Mhada had issued eviction notices to all occupants of the 150-year-old heritage structure in south Mumbai as it was in a dilapidated condition.

A division bench of Justices S C Dharmadhikari and G S Patel on Tuesday was informed by Mhada lawyer P G Lad that 104 occupants have already vacated the building.

However, 64 offices in the building have locks on them and their owners/tenants have not responded to eviction notices.

"Since the last date for eviction has passed, Mhada will now remove locks and seize all movable articles inside the said premises and make an inventory, and later hand it over to rightful owners," Lad said.

He added the Mhada will then initiate further action towards demolition of the building.

The bench then sought to know what precautions the authorities propose to take until demolition to ensure no untoward incident occurs.

"The building is at a busy intersection at Kala Ghoda in south Mumbai with continuous vehicular movement. Tell us what precautions you (Mhada) will take...considering the impending monsoon season in the city," the bench said.

"Barricades need to be put up around the building and no person should be allowed to walk in the promenade surrounding it, and no cars should be allowed to be parked there. We do not want the building or any part of it to fall on any one," the judges said.

The bench added that authorities should make some way on the road for pedestrians to walk.

Advocate Atul Damle, appearing for some of the occupants of the building, told the court the Mhada should give them transit occupation elsewhere in the vicinity.

The bench, however, said the rightful owners can file civil suits in lower courts to resort these disputes.

"Individual plaints have no relevance when the building is in a dangerous and dilapidated condition," Justice Patel said.

The bench has posted the matter for further hearing on June 21 by when Mhada will have to file an affidavit stating what steps it has taken.

BMC counsel Anil Sakhare on Tuesday informed the court that a meeting will be held on June 12 between Mhada and the corporation's heritage committee as the building is declared as a heritage structure by the UNESCO.

"The heritage committee will submit a report to BMC after the meeting," Sakhare said.

The five-floor Esplanade Mansion, formerly known as Watson's Hotel, was built with cast iron fabricated in England and was enrolled in the list of '100 World Endangered Monuments'.