Mumbai: Observing that now-a-days flat owners “commonly” carry out alterations to cover open terraces or modify residential premises, the Bombay High Court this week directed Maharashtra government to come up with comprehensive guidelines to specify the types of permissible alterations in individual flats or buildings.“There cannot be two classes of citizens: those who obey the law and those who openly disregard it. Nor can the law be enforced selectively against only those whose violations are reported, while other illegalities are allowed to continue merely because no objections have been raised,’’ the HC division bench of Justices AS Gadkari and Kamal Khata observed in a July 16 ruling.“Large-scale unauthorised constructions cannot be permitted to continue merely because similar illegalities have been committed by several persons,’’ the bench said, while directing Panvel Municipal Corporation (PMC) to order immediate demolition of an illegal enclosure of open-to-sky terraces and an 800 sq ft illegal room constructed in a Kalamboli building.HC said it hears many cases of illegal constructions within flats, and “in many cases,’’ they continue either due to civic inaction or “apparent official acquiescence’’. “This is indeed a regrettable state of affairs,’’ said the bench, and asked why should a law-abiding citizen comply with rules when “unabashed’’ illegalities “continue unabated” due to ineffective action and is “also facilitated” by status quo orders from civil courts.In 2024, a petition before the HC sought demolition of the illegal enclosure and constructions by a flat owner in his flat “under the garb of renovations’’, a floor below the petitioner’s. These unauthorised constructions, which included breaking down walls and enclosing open space sans any permission from civic authorities, have an adverse impact on structural stability of the building, the petitioner argued, adding that no action was taken by the managing committee of the housing society for reasons best known to them despite complaints since 2019.The civic body admitted that the enclosure of open terraces were unauthorised and were demolished in 2021, following which the flat owner sought permission and erected a temporary shed and also obtained a status quo order from a trial court in October 2022.The flat owner said the alterations were made by previous flat owner and hence he is unaware of their legal status, but added that “most people’’ covered the terraces and he was “being singled out unfairly.’’The HC said often now a days, flat owners install protective grills, sheds or cover open terraces or alter partitions with wooden or gypsum sheets. When alterations are done before Occupancy Certificate is granted, it causes delay and litigation with builders, said the bench adding, “ There appears to be no clear or readily accessible and economical procedure governing the grant of permission for such works.’’In the absence of clear guidelines and any inexpensive or accessible process to obtain permission, citizens opt for the easier course of unauthorised alterations, the HC observed. “This cannot and does not justify the illegality, but it highlights the need for a transparent and workable regulatory mechanism,’’ the judgment authored by Justice Gadkari said.The case revealed several such alterations in the Kalamboli building as pointed out, said HC.The HC said when framed, the “regulatory framework must distinguish between alterations, which do not affect the structural stability or safety of the building and alterations capable of structurally weakening the building, endangering its occupants.”The HC, however, directed that “law must operate equally against all persons. Unless and until an appropriate regulatory framework is introduced, every construction or alteration carried out without the permission required by the existing law must be dealt with in accordance with law.’’While directing action against one flat, HC directed PMC to examine and take appropriate action against all similar unauthorised constructions it identified. “Municipal law must be applied uniformly and equally to all concerned,’’ the HC directed.

Navi Mumbai: A Vashi family who lost their 22-year-old daughter helped save the lives of four patients on Thursday, said Zonal Transplant Coordination Centre (ZTCC) officials.Mumbai metropolitan region has so far seen 39 cadaver donations this year, which have resulted in 100 patients getting a fresh lease of life.ZTCC officials said the Vashi donor suffered “hypoxic brain damage due to hanging” on Monday, and was declared brain dead at MGM Hospital in Vashi a couple of days later. Brain death is an irreversible condition but provides a window period for organ donation.The donor’s father, a 50-year-old grocery store owner in Vashigaon, told TOI on Saturday, “In 2023, when my daughter was in second year BCom, her scooty skidded and she sustained a leg ligament tear. She could not attend college for over six months, after which she told me that she does not want to continue education.” She then started assisting her father at the grocery store.The father said that after her suicide on Monday night, he enquired with her close friend, who told him that his daughter was severely depressed. “She never spoke to us about it,” he said. She was immediately admitted to MGM Hospital, where the doctors declared her brain dead after a CT scan. The family was counselled about brain death and organ donation. “On July 16, we decided to donate her heart, liver and kidneys,” he added.Shashikant Chandekar, senior inspector of Vashi, said, “In the incident of death by suicide of the donor, prima facie, we have registered an accidental death case, which is being probed further. The deceased’s mobile call data record and WhatsApp messages will be obtained and the persons with whom she was regularly communicating will be inquired into.”

Navi Mumbai: Nine days after a speeding SUV driven by 22-year-old Arafat Patel went out of control in Taloja Phase-I, killing a scooty rider and injuring five others, the death toll has risen to two. A vada pav stall owner who suffered severe burn injuries in the July 7 crash succumbed to his injuries at the National Burns Centre in Airoli on July 15.The hawker sustained critical burns when a vessel of hot oil used for frying vadas toppled onto him after the SUV, which had already rammed into a tempo, an autorickshaw and two pedestrians, crashed into his roadside stall around 12.15 pm.The deceased vada pav stall hawker has been identified as Ramdulare Gupta (32), while the scooty rider who was killed on the spot on July 7, was identified as Nadeem Khan, 32, both residents of Taloja Phase-1. Khan was declared brought dead at MGM Hospital, Kamothe.Dr Sunil Keswani, medical director of National Burns Centre, Airoli said, “The patient Ramdulare Gupta had sustained burns on July 7, and after being treated at other hospital, he was admitted here after five days in a critical condition on July 11. He had sustained 55% burns on total body surface, including head, face, neck, anterior and posterior trunk, both upper limbs and entire right leg. Unfortunately, he succumbed to his grievous burn injuries on July 15.Sagar Nikam, police inspector (crime) of Taloja said, “Gupta was initially admitted at MGM hospital, Kamothe. After 5 days of treatment, his kin decided to shift him to a private multi-speciality hospital, where the treatment cost was estimated around Rs 20 lakh. Unable to afford the medical expenses, Gupta’s family admitted him at National Burns Centre, Airoli, where he succumbed to his critical burn injuries on July 15.The accused SUV driver Arafat Patel, a resident of Taloja village, who is pursuing BBA course, had fled from the accident spot. He was arrested within 12 hours from his developer father’s office in Kharghar. After being remanded to police custody till July 10, he was released on bail by the Panvel court.” — George Mendonca

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Mumbai: BMC has completed the removal of fallen trees and branches and carried out tree pruning at 3,841 locations across the city following damage caused by heavy rain and strong winds earlier this month.Civic officials said work is still underway at 542 locations, where operations are being carried out in phases due to site conditions, safety concerns or pending permissions.According to the BMC, between June 22 and July 17, a total of 902 trees were uprooted and 1,275 branches fell across public and private properties. Of the uprooted trees, 367 were on BMC land and 524 on private properties, while 552 branches fell on civic land and 723 on private properties.The civic body’s garden department said its teams responded immediately to each incident with the required machinery to clear roads, restore traffic movement and minimise inconvenience to residents. Control rooms, ward offices and emergency teams have been operating round the clock during the monsoon, officials said.The BMC said it has cleared 359 of the 367 uprooted trees on municipal land, with work pending at eight locations. On private properties, 452 of the 524 fallen trees have been removed, while operations continue at 72 locations. Similarly, 541 of the 552 fallen branches on civic land have been cleared, while work is underway at 11 locations. On private land, 632 of the 723 fallen branches have been removed, with clearance continuing at 91 sites.Apart from clearing fallen trees and branches, the garden department has also undertaken tree pruning at locations where ownership could not be established. Of 2,206 such sites, pruning has been completed at 1,857, while work is in progress at the remaining locations.The BMC has urged citizens to avoid standing under trees during heavy rain or strong winds and to report fallen trees, hanging branches or trees that appear at risk of collapsing by calling the civic helpline 1916.Three people died in monsoons this year after trees or their branches came crashing on them. On June 30, an 11-year-old boy, Vihaan Srivastav, died after a tree crashed on the school bus he was travelling in. Following it, an inquiry was initiated into the incident, which penalised the contractor who undertook road works on the stretch the tree crashed, Rs 5 lakh, and the consultant, Rs 2 lakh.