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MUMBAI: Paving the way for the opening of a coffee shop and eatery in Colaba, Bombay HC declined to interfere in a housing society’s internal dispute at the instance of a sole member, a Padma Shri awardee. “This is a bogus petition motivated from start to finish to flex Padma Shri muscles,” said Justices Gautam Patel and Kamal Khata on Wednesday.
Mustansir Barma, a former director of Tata Institute of Fundamental Research who was awarded the Padma Shri in 2013, resides in Sunny House in a lane behind Taj Mahal Hotel on Mereweather Road.He alleged that Lambason Hotel and Restaurant Services carried out unauthorised and illegal work on its ground-floor premises affecting the structural stability of the entire building. A mezzanine floor was removed and the floor lowered below plinth level. He urged that the BMC be directed to issue a stop-work notice and conduct a survey.
Denying damage to the premises or the structure, Lambason’s advocate Mayur Khandeparkar said the BMC granted permission to carry out tenantable repairs. Barma’s advocate Vishal Kanade said “buildings have collapsed because of this kind of work”.
Observing that it is “an internal dispute”, the judges questioned why the society did not file the petition or join Barma. Taking note of the BMC’s March 31 permission, other licensees and a June 2022 fire NOC, they said “whether or not permissions are exceeded is a factual dispute into which this court will not enter”.
The society’s advocate referred to an audit report. The judges said the attempt was to confuse structural repairs to the building with permission Lambason obtained for repairs and renovation of the interiors. Stating that the BMC found no cause to move against Lambason, the judges said if Barma disputes the works are not tenantable repairs, he should file a suit.
The judges were miffed that the matter was repeatedly mentioned seeking urgent hearing presenting that the building is 100 years old and Barma has been awarded a Padma Shri. “We will not allow writ jurisdiction to be weaponised in a writ petition. He can get any wretched award he wants. In this court, you get zero award… Every single time we were supposed to be overawed a Padma Shri has come to court,” said Justice Patel.
Mustansir Barma, a former director of Tata Institute of Fundamental Research who was awarded the Padma Shri in 2013, resides in Sunny House in a lane behind Taj Mahal Hotel on Mereweather Road.He alleged that Lambason Hotel and Restaurant Services carried out unauthorised and illegal work on its ground-floor premises affecting the structural stability of the entire building. A mezzanine floor was removed and the floor lowered below plinth level. He urged that the BMC be directed to issue a stop-work notice and conduct a survey.
Denying damage to the premises or the structure, Lambason’s advocate Mayur Khandeparkar said the BMC granted permission to carry out tenantable repairs. Barma’s advocate Vishal Kanade said “buildings have collapsed because of this kind of work”.
Observing that it is “an internal dispute”, the judges questioned why the society did not file the petition or join Barma. Taking note of the BMC’s March 31 permission, other licensees and a June 2022 fire NOC, they said “whether or not permissions are exceeded is a factual dispute into which this court will not enter”.
The society’s advocate referred to an audit report. The judges said the attempt was to confuse structural repairs to the building with permission Lambason obtained for repairs and renovation of the interiors. Stating that the BMC found no cause to move against Lambason, the judges said if Barma disputes the works are not tenantable repairs, he should file a suit.
The judges were miffed that the matter was repeatedly mentioned seeking urgent hearing presenting that the building is 100 years old and Barma has been awarded a Padma Shri. “We will not allow writ jurisdiction to be weaponised in a writ petition. He can get any wretched award he wants. In this court, you get zero award… Every single time we were supposed to be overawed a Padma Shri has come to court,” said Justice Patel.
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