09 August,2025 08:09 AM IST | Mumbai | Ritika Gondhalekar
The Willingdon Heights Cooperative Housing Society, a 34-storey high-rise in Tardeo. PIC/MADHULIKA RAM KAVATTUR
With the Supreme Court's recent order backing a July 15, 2025 Bombay High Court's observation that floors 18 to 34 of the Willingdon Heights Cooperative Housing Society building in Tardeo were constructed without an occupation certificate (OC), 32 families find themselves caught in a storm of legality, helplessness, and heartbreak. On August 6, the apex court had asked residents to submit an undertaking in writing to the Bombay High Court in two days (by Friday) stating that they would follow the directives and vacate the houses within three weeks. The residents submitted the undertaking on Friday, as tensions in the building ran high.
The first 17 floors had received a partial OC, while 18 to 34 lack one. Also, the entire building does not have an NOC from the fire department to date. The entire incident came to light when one of the building's flat owners filed a case in the Bombay High Court against the Brihanmumbai Municipal Corporation (BMC). The high court's judgment was subsequently challenged by the affected residents in the apex court. According to the high court's decision, an extension of three weeks was given to the residents to vacate the homes.
Residents afraid
Though many affected residents opened up to mid-day, everyone was scared to reveal their identity. "We already are facing backlash and trouble from officials. If we reveal our names, they will start targeting us personally," said a resident. While the building has been under construction since 1987, people began occupying flats in 2009. "We have been living here all our lives. We have been forced to vacate our flats for no fault of ours. Till today, no one even knew that the building does not have an OC and a fire NOC. Some people made some purchases through illegal means, and now we innocent residents are suffering," said another resident.
A committee member told mid-day, "There are 68 flats in total. Of them, four are refugee flats, which cannot be sold. Two flats' litigation was dismissed by the high court, so they don't have an owner. A total of 14 flats belonged to Videocon Group, of which they had sold four long ago and the remaining 10 were sealed after the alleged Videocon scam happened. A total of 52 families reside in the building. Long ago, someone from the builder's side sold a refugee flat to a famous diamond merchant from the city. Such flats are not allowed to be sold. Now, when the fire department raised concerns against the building, giving an 18-point list, the diamond merchant challenged it, putting all of us in trouble."
"Also, this diamond merchant is not fighting the case in his name in the name of his cousin, who stays in one of the first 17 floors of the building," a resident alleged. A resident added that 17 of the 18 points mentioned by the fire department were eventually addressed, and even the 18th one was being sorted out. "The last point deals with increasing the size of the gate. As per the fire department rules, the gate's width should be nine metres, which is roughly around 30 feet. The current width of the gate is three metres, roughly 10 feet. But this rule is as per DCPR 2034, which cannot be applicable to our building, as our building is way older than this. But still, we applied for permission to the BMC to increase the size of the gate. As the BMC took quite some time, we have already begun widening the gate," he added.
Residents stated that they had also approached the fire department, asking it to conduct audits or checks, as they had complied with all the rules. "Once they audit the building, they can give us an NOC. But they told us to our faces that whatever we do, they would not give us an NOC and that they would force us to vacate the flats," said another member of the committee.
Meanwhile, while some of the 32 families facing difficulties have taken home loans which they are still servicing, some have questioned why they should pay the cost of someone else's "legal wrongdoings". "Just because we live in south Mumbai does not mean we have bags full of money. We also work hard to earn a living. How are we supposed to pay loans and rent at the same time? Our children's schools are in the area, so we cannot live on rent far away from here and leave things as they are. I hope the court and officials understand our situation," said a resident.
No response
When mid-day approached the Mumbai Fire Brigade's Chief Fire Officer Ravindra Ambulgekar, he refused to comment on the issue, stating that the matter was sub judice.
