Bombay High Court Slams BMC and Developer for Illegal 34-Storey Tower in Tardeo

Photo Credit : https://www.magicbricks.com/wellingdon-view-tardeo-mumbai-pdpid-4d4235303336323633

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Mumbai, July 1, 2025 – In a strong rebuke, the Bombay High Court has sharply criticized both the Brihanmumbai Municipal Corporation (BMC) and developer Satellite Holdings for rampantly violating norms in the construction and occupation of a 34-storey residential tower in Tardeo. The court left no ambiguity, stating occupants of floors 17 to 34—without an Occupation Certificate (OC)—were “living at their own risk.”

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🔍 What Went Wrong

• • Illegal Construction Since 2020
    The HC highlighted a pattern of blatant violations by Satellite Holdings, building without mandatory clearances—including fire safety approvals—for over 15 years. (freepressjournal.in)

• • Incomplete Approvals
    Although the building began in the early 1990s and was completed in 2010, only floors 1–16 received a Completion Certificate (CC). Floors 17–34 remain unauthorised and unsafe for habitation. (indianexpress.com)

• • No Fire Safety NOC
    Crucially, there is no No Objection Certificate (NOC) from the Chief Fire Officer—imperative for any high-rise—rendering occupancy potentially deadly. (freepressjournal.in)

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🚨 The Court’s Scathing Observations

1. 1. Unforgivable Illegality
      “Blatant illegality” has been tolerated by the BMC, the court said, allowing violations to happen with “impunity.” (freepressjournal.in)

1. 1. Non-Negotiable Fire Norms
      Citing tragic past incidents like the Kamala Mills blaze, the bench stressed that “compliance of fire safety norms … is non‑negotiable.” (freepressjournal.in)

1. 1. Risk at One’s Own Peril
      Occupants from floors 17 to 34 have been told that they “shall continue to do so at their own risk and consequences,” releasing authorities from liability in civil or criminal matters. (freepressjournal.in)

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🏛️ Court Directions

The bench, comprising Justices Girish Kulkarni and Arif Doctor, issued formal directions to:

• • The Chief Fire Officer (CFO): File an affidavit by July 3 detailing fire-compliance status. (freepressjournal.in)

• • The BMC’s Proposal Department: Clarify which floors, if any, have a valid OC. (freepressjournal.in)

• • Municipal Authorities: Justify why utilities (water, electricity) and lift operations continue to serve unauthorised sections.

Pending further judicial orders, the court cannot compel occupants to vacate—but made it clear that continued habitation is at the residents’ own responsibility.

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🏘️ Broader Implications for Mumbai

This ruling underscores a recurring issue in Mumbai’s real estate sector: despite severe safety and legal ramifications, unauthorised high-rise occupation continues unabated. Legal experts say this may force the BMC to reassess its approach—especially around regularisations and enforcement.

A similar ruling recently held that moving into a property without an OC is illegal, prompting BMC to initiate action against affected residents. (freepressjournal.in, thelawsuits.in)

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🚧 What’s Next?

• • Fire & Building Compliance Reports are due imminently.

• • The BMC may be held accountable for inaction.

• • Courts could mandate utility disconnections and evacuation until full approvals are obtained.

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In summary:
Mumbai’s judiciary has made it explicit—construction and habitation of unauthorised high-rises flout legal and safety norms. Permanent remedies will hinge on whether civic bodies and developers are willing to face consequences—and enforce corrective action.

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