Bombay HC Dismisses Plea By 'Jimmy Boy' Building Occupants, Slaps ₹5 Lakh Cost For Suppressing Facts
Mumbai: The Bombay High Court on Wednesday dismissed a petition filed by the occupants of the 129-year-old Vikas Building in South Mumbai’s Fort area, which houses the iconic Parsi restaurant ‘Jimmy Boy’, challenging notices issued by the Brihanmumbai Municipal Corporation (BMC) for vacating the premises, declared as “dilapidated and ruinous.” The court emphasised that safety of human life and property in the vicinity takes precedence over anything else.
The Court, while strongly criticising the petitioners for suppressing crucial facts, imposed a cost of Rs5 lakh on them to be paid to the Cancer Ward of civic-run KEM Hospital within two weeks. The bench of Justices Girish Kulkarni and Arif Doctor refused to grant any relief, noting that “today the situation is of fait accompli. It has gone completely out of hand.”
The petition was filed by the Vikas Premises Co-operative Society Ltd, seeking to quash BMC’s eviction notices and to restore water and electricity supply. However, the court noted that the building, a ground plus four structure with 37 commercial tenements, had already been vacated on June 21 by the Disaster Control Cell due to an imminent risk of collapse.
The court took a dim view of the fact that despite having a structural audit report since June 2024, the petitioner did not take any steps at repairing the building. “The Petitioner, despite the fact that the condition of the said building was so grave, did absolutely nothing to ensure its repair and restoration, despite reports which set out the emergent need for doing so,” the bench observed.
“This conduct of the Petitioner is absolutely unconscionable since clearly the Petitioners have put commercial considerations above issues of not only the safety of their own members but also the public at large.”
The Court referred to the suo motu (on its own) PIL it had initiated in the aftermath of the Jilani Building collapse in Bhiwandi, which killed 38 people, and a similar tragedy in Malvani where 12 lives were lost. Drawing parallels, the judges warned of the “unending cycle” of neglecting dangerous structures.
“What is paramount for the Court to consider is the safety of human lives, which would be not only of the occupants but also of all those who are likely to be affected by this ruinous structure.”
The petitioner had relied on a BMC notice dated June 20 asking them to submit a structural audit report within 30 days. However, the Court noted that an earlier audit report dated May 7, 2024 had already categorised the building as “C-1” (extremely dangerous), a fact the petitioner failed to disclose in the plea. “This amounts to material suppression,” the bench said.
The judges also rejected the plea to grant members access to retrieve belongings from the premises. “Entry into the building cannot be permitted as it is in a very dangerous condition,” the Court said, citing statements from BMC officials.
“If any member enters the building, they do so at their own risk. The Municipal Corporation or State authorities shall not be held liable for any civil or criminal consequences in case of a collapse.”
The Court reiterated that the duty to maintain the building lay with the society and not the civic body. “All such persons have done nothing, than exploiting the building and recklessly using the same, leaving the building to deteriorate.”
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