Mumbai News: Just Day Before Deadline To Vacate, Tardeo's Willingdon Heights Residents Plan To Move Bombay HC With Fresh Letter Of Hope From Fire Department

Mumbai: Just when everyone thought that the residents of Tardeo’s Willingdon Heights building had lost the battle of saving their homes, a new ray of hope has shone in the form of a compliance letter from Mumbai Fire Brigade.

With the last bit of hope, the residents have planned to move the Bombay High Court once again seeking more time to regularise their residential building with all faith laid on one single piece of paper.

Festivities Overshadowed By Legal Battle

While most of the housing societies in Tardeo have been bustling with preparations for festivities like Ganesh Chaturthi and Samvatsari, the 34-storeyed Willingdon Heights building on the Tulsiwadi RTO Rd has skipped celebrations as the residents have been running from pillar to post to save their homes. The building has long been the centre of controversy as it lacks the occupation certificate for 17th floor to 34th floor as well as Fire NOC.

As communities indulge in religious celebrations, the 27 families residing on the upper floors of Willingdon Heights have been running against time to save the roof over their heads since the beginning of this month.

Willingdon Heights residents seek more time from Bombay HC, pin hopes on Fire Brigade compliance letter

Supreme Court Rejected Residents’ Plea

On August 1, the supreme court dismissed the residents’ petition challenging Bombay High Court’s July 15 order directing them to vacate the upper floors. While the HC called it “a glaring case of misuse of the legal process to protect illegalities,” SC upheld the judgement calling it very well considered, bold and lucid.

The Brihanmumbai Municipal Corporation (BMC), on August 6, granted a final three-week extension to vacate the flats without OC, which will end on the upcoming Wednesday, on the day when the city will celebrate Ganesh Chaturthi while the Jain community, which makes a large part of the residents, will celebrate Samvatsari.

However, just a day before the deadline ends, the residents have planned to approach the HC once again seeking time to regularise the highlighted irregularities.

Fire Department Compliance Letter

The fire department had listed down 17 requirements for the society to be fulfilled in order for them to obtain Fire NOC, which is mandatory to obtain OC. On Monday the society claimed that the fire department has accepted to provide them a letter of compliance as they have fulfilled all the requirements, which include installation of water sprinklers on every floor, acquiring a diesel generator set, constructing a nine-mtr wide entrance to allow easy access for emergency vehicles and paying approx Rs17 lakhs for lifetime inspection money. Notably, the SC had granted liberty to the occupants to approach the HC to seek more time to vacate the premises.

Talking to The Free Press Journal, a 66-year old resident living on one of the upper floors, who requested anonymity, said, “We have kept all our work aside and focused only on fulfilling all the requirements. After around five hours with the fire officer, he has finally agreed to provide a letter of compliance which proves that our building is fire compliant and will clear the obstructions in our way to obtain OC. We will now approach the court to seek time to regularise it and request to not throw us out of our homes.”

Allegations Against Builder

The residents expressed that along with the legal battle to save their homes, they also have an equally difficult task of proving their genuineness to the society.

They accused the building’s developer M/s Satellite Holdings for creating the mess, alleging that it showed fake layout plans to them at the time of purchase and later eloped with all the money, leaving the occupants on their own to deal with his wrongdoings.

Another 73-year-old resident said, “We have been cheated by the builder but have been painted like we are the cheaters. We want to defend ourselves and prove our genuineness. People think that we were sitting idle for so many years knowing that our building lacks OC but little do they know that there wasn't much that we could do as the builder was the landowner until 2018. The changes in the approved structure have also been carried out by the builder and we are ready to pay the premium to regularise it but we have been made the villain.”

Families Prepare For Worst Case

Alongside working on the last remaining legal remedy, the residents have also been house hunting in the locality to keep themselves prepared for the worst case scenario. Flagging multiple reconstruction work and festivities, they claimed that it is very difficult for them to find a suitable apartment in the same locality at an affordable rate.

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A 35-year-old resident said that her family has decided to shift to a rented apartment in Prabhadevi as they were not able to find a suitable place in the locality.

“Although we are keeping our hopes high that things will turn out in our favour, I cannot wait for the authorities to throw us out of our home as I have three senior citizens living with me. My children will have to travel for more than an hour to their school in Cuffe Parade but we do not have any other option. The fixed deposits that we saved for their higher studies have also been exhausted in this legal battle.”