Bombay High Court Orders Demolition of Unsafe Vasai Buildings, Says Minority Cannot Stall Redevelopment

Mumbai, September 15 — The Bombay High Court has directed the demolition of dangerously dilapidated residential blocks in two housing societies in Vasai (West), ruling that public safety must override objections from a minority of residents.

A division bench of Justices G.S. Kulkarni and Manjusha Deshpande held that once a building is officially declared unsafe, occupants cannot obstruct municipal authorities from carrying out demolition, nor can a handful of dissenting members delay redevelopment decisions taken by an overwhelming majority. The ruling comes less than three weeks after 17 people lost their lives in the collapse of an illegal four-storey building in Virar on August 27.

The case involved buildings H-1 and H-2 of Deepanjali Cooperative Housing Society (CHS) and H-3 and H-4 of Pushpanjali CHS, located within the Diwan and Sons Housing Enclave on Ambadi Road. On February 28, 2025, the Vasai-Virar City Municipal Corporation (VVCMC) classified the structures as C-1 category, denoting they were unsafe for habitation and required immediate demolition. A subsequent review by the corporation’s Technical Advisory Committee reaffirmed the classification on June 27, following conflicting audit reports.

The court underscored that civic bodies are under a statutory duty to act swiftly against unsafe buildings and warned that officials who fail to do so may themselves be held accountable. It also noted that both societies had already approved redevelopment, with 92% of Deepanjali members and 87% of Pushpanjali members voting in favour and appointing a developer.

Rejecting the objections raised by a few dissenting members, the bench ruled that redevelopment cannot be stalled by a minority when buildings pose a risk to life. “While dissenting members are free to pursue their objections through appropriate legal proceedings, they cannot endanger lives or obstruct the demolition of hazardous structures,” the court said.

During the proceedings, the VVCMC confirmed its readiness to proceed with demolition but sought police protection in anticipation of resistance. Dissenting residents admitted the unsafe condition of the buildings but requested additional time to vacate owing to the Ganesh festival. The court granted limited relief, directing that residents must file undertakings by August 26, 2025, agreeing to vacate within two weeks and pledging not to obstruct demolition. In the event of non-compliance, the corporation was authorised to evict them with police assistance.

The bench further directed that demolition costs would be borne by the societies, recoverable by the civic body. While permitting the appointed developer to carry out demolition if authorised within 10 days, the judges clarified that if the VVCMC undertook the work, police protection must be provided to ensure smooth execution.