Society, contactor must have ensured building stability: Bombay HC

Jimmy Park CHS in Nerul after ceiling slabs of some of the flats collapsed; (right) Abdul Karim, the caretaker of flat no. 601, where the repair works was going on, and which led to the collapse

The Bombay High Court recently set aside the Sessions court order denying anticipatory bail to a caretaker of a sixth-floor flat at Jimmy Park cooperative housing society in Nerul. The caretaker, a retired bank employee, was held responsible for last month's tragedy wherein a person was killed and another injured when ceiling slabs of lower floors collapsed.

The HC has granted bail to Abdul Karim Sultan Shaikh, a resident of Kurla, who visited the crash site for the first time on Wednesday, July 13, as per the court's directives to assist the police in their probe.

Also read: Can't allow unauthorised buildings to take even one innocent life, says HC

Rashida Shaikh, the owner of the flat, 601, is based in Dubai. Abdul, on Rashida's behalf, had started repair and painting works last month after taking the society managing committee's permission. The contractor and labourers started working at 601 10 days before the accident happened on June 11.

The complaint

Abdul, the contractor and the labourers were accused of not taking proper care while carrying out repair works, leading to the collapse. Nerul police filed an FIR against six people, including Adul Karim as the accused no 1, under Sections 304 (culpable homicide not amounting to murder), 338 (causing grievous hurt by act endangering life or personal safety of others) and section 34 (act done by several persons in furtherance of common intention) of the Indian Penal Code. The offences are non-bailable in nature. The developer of the building was also booked for carrying out inferior quality of work.

Sessions court observation

Abdul moved the Sessions court seeking anticipatory bail, stating that he was merely a caretaker and had required permissions from society to carry out repairs. However, on June 15, the additional sessions judge, Thane, ruled, "...it appears that slabs of Flat Nos. 501, 401, 301, 201, 101 collapsed. There is prima facie material to show that due to repair work carried out in flat No. 601, portions of the flats collapsed... The details regarding the manner in which work of repairing in flat No.601 was going on are required to be brought on record. The custodial interrogation of the applicant is very much necessary..."

HC observation

Abdul then moved the HC, which heard all the sides and passed an order on July 5. Justice Bharati Dangre stated that the society managing committee allowed the work to fix cracks on walls, side columns and above the door. "It was not contemplated that the building would collapse on the said work being carried out. In any case, the applicant was only a caretaker of [601]...and the work is carried out by the contractor. It was incumbent upon the society to ascertain the structural stability of the building before the permission is granted and also of the contractor before the repair work is started, particularly when the building is almost 30 years old," she added.

The society was built in 1994. The HC granted interim anticipatory bail to Abdul on a personal bond to the extent of R25,000 and one or two sureties of like amount, and directed him to cooperate in the probe.

Lawyer Speak

Advocate Amit Katarnaware, who represented Abdul, said the Sessions court passed the order, rejecting interim bail, after hearing only the defence [his] argument. "When it comes to non-bailable offences, it is pertinent to note that the lower courts generally need to hear all parties concerned [the prosecutor and the investigating officer in this case] before deciding on the merit of the bail plea," he added. "My client was fortunate and lucky that he did not come down with the falling slab; he was sitting on a stool just a foot away from crash site," Amit said.

Expert view

Advocate Shreeprasad Parab, who is also a civil engineer and expert director at State Cooperative Housing Federation, made some suggestions for the society committees and members for repairs of old buildings. He said that every housing society must undertake a structural audit once in three years for buildings older than 30 years, and once in five years for buildings older than 15 years, as per the bye laws. Society members should also ensure good maintenance of their flats and must not make any structural additions or alterations without the permission of the concerned competent authority.