Mumbai: BMC smashes 'illegal' loo in Colaba, residents say court orders flouted

Owners Court building at Colaba

Residents of Owners Court Co-Operative Housing Society, a building located behind Fariyas hotel in Colaba, are fuming after a toilet tucked inside a passage on the ground floor of the building was smashed by the Brihanmumbai Municipal Corporation (BMC) on April 2. The toilet, which was constructed nearly 50 years ago (the building is a 1957 structure, with the CHS formed in 1960) was meant for use by building staff and servants in the premises.

The broken toilet with side wall of the chowk also broken

Tearing hurry
Residents of the ground-plus-five-storey building comprising 35 flats say the matter was in the high court and the latter had given a 'stay' on the toilet, questioning the civic authorities' "tearing hurry" to pull it down. Society chairman Arvindo Fernandes, one of the oldest residents S Udupa, and others staying there, Jennifer D'Sa and Jyoti Rajgopal, recalled, "The BMC demolition squad arrived on a Monday afternoon. Policewomen stood guard, forming a human barricade. They broke the toilet, much to our horror, with residents' protests and pleading falling on deaf ears."

A resident shows the rubble from the toilet. Pics/Datta Kumbhar

Fernandes, 62, showed this reporter rubble from the smashed toilet still lying in the first floor passage. "We were awakened by a huge hammering that Monday," he said, and Udupa added, "We all rushed down. The staff had started breaking the toilet." Rajgopal said, "We said we have a stay order", and D'Sa and Fernandes added, "Our advocate, Iman Calcuttawalla, rushed to get the original of the order from her office. We had the Xerox copy, but BMC workers refused to listen."

The lone complainant
The problem began in September 2017, when a ground floor resident A Shrivastava, who has two flats near the toilet complained to the BMC about it. "This toilet has been in existence for 50-odd years. What is the problem now?" asked a resident, adding that Shrivastava had bought one flat in 2008 and the other in 2016, "knowing there is a toilet adjacent to his homes". "So why complain suddenly? We are suffering because of one person's foolishness."

Rajgopal interjected angrily, "On the one hand, PM Modi says build toilets. Then, authorities break down toilets that are in existence." After his complaint, the BMC asked Owners Court to show the 'plans' of the building. Fernandes and society secretary Raymond Goveas said, "The BMC was not satisfied with the documentation. We got a notice on October 10 last year for demolition. We went to court, got a stay order, and still the toilet was broken.

Now, we will move to file contempt of court and rebuild the toilet, as the court directed. Money will be used from our society funds. The BMC has damaged the adjoining 'chowk' wall and a door in their zeal to demolish the toilet." "We cannot believe BMC's high-handedness. We wish we could send the bill for the damage to it, but of course, we will have to spend for repairs and restoration from our coffers," said an angry resident.

The other side
'A' ward's Assistant Municipal Commissioner Kiran Dighavkar said, "We got a complaint from a resident about the toilet and started investigating. We sent the building a notice that we were going to demolish the toilet as it was illegal. We got an order from the HC telling us to go ahead and demolish it, so we set out for it.

Meanwhile, the residents got relief, or 'status quo', from a higher bench in the HC. We were unaware of the stay order. So, we went ahead and broke it. The court has now asked Owners Court to restore the toilet. We apologised to the court, saying we did not know about the other order. They may restore the toilet. But if we find that it is illegal, we have the authority to demolish it again."

A woman speaking on behalf of the Shrivastavas said: "We cannot comment on the matter, it is sub judice. The Shrivastavas complained to the BMC and it saw merit in that complaint. The family has full faith in the government, and the BMC being a government agency will work in its wisdom. Just because something is 50 or 60 years old, that does not mean it is legal."

Also read: Mid-day Impact: BMC tells loo operators not to charge for toilets

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