Neelkanth Kingdom evacuation order: Why do nearly 500 families still live in the complex?

The Brihanmumbai Municipal Corporationrsquos BMC recent crackdown on unauthorised structures at prominent residential projects including Rustomjee Crown in Prabhadevi and judicially backed action in Tardeorsquos Wellington Heights have renewed attention on the civic bodyrsquos handling of Neelkanth Kingdom in Vidyavihar WestAt Neelkanth Kingdom the BMC has already taken a significant step In February 2026 it directed the land lessee Vidyavihar Containers Ltd and the architect to get the sevenbuilding complex vacated in the interest of occupantsrsquo safety Yet nearly six months later close to 500 families continue to reside there midday had reported on Neelkanth Kingdomrsquos violations including the fire incidentSolicitor Stuti Galiya who resides in Neelkanth KingdomThe matter came before the Metropolitan Magistrate Court at Shindewadi Dadar on August 6 2026 after a flat owner sought immediate BMC and fire department action following repeated blazes Responding to this the BMC told the court it had issued an evacuation notice in February 2026 and was awaiting the chief fire officerrsquos directions to enforce it and seal the premisesWith the complex reportedly lacking a valid occupation certificate OC and fire NOC for over 20 years and after a fatal fire and other serious incidents mdash residents and legal representatives are questioning why the evacuation order remains unenforcedA fatal fireSafety concerns have intensified following a series of fires over the past year In March 2025 a fire killed a security guard and critically injured another person while some residents reportedly suffered minor injuries Barely nine months later another major fire damaged an entire floor lobby followed by several minor firerelated incidents over the subsequent year claimed Stuti Galiya solicitor and a flat owner ldquoThe repeated incidents have heightened concerns over firesafety arrangements in a complex reportedly lacking mandatory statutory clearances for decadesrdquo she saidHistory of BMC actionIn 201314 the BMC issued notices to several flat owners for occupying premises without an OC some notices also concerned alleged unauthorised alterations within individual flats Fresh notices followed in 2018 In 2019 the BMC filed approximately 374 individual prosecution cases before the Shindewadi Court Dadar against flat owners for alleged illegal occupation without an OC The proceedings remain pending For residents and their legal representatives the prolonged pendency raises questions over whether prosecution alone can address continued occupation without mandatory clearancesIndefinite occupation concernsStuti Galiya said the prolonged pendency of cases with the Shindewadi court Dadar for almost seven years coupled with what she described as ineffective implementation by the BMC was sending the wrong messageAccording to Galiya for more than a decade the civic bodyrsquos action has largely remained limited to notices The BMC has also not taken any apparent steps to seek the expeditious disposal or fasttracking of the prosecution proceedings pending before the Shindewadi court since 2019 Various precedents laid down by the Honrsquoble Supreme Court require that trials in matters of such summary nature be concluded expeditiously preferably within a period of one yearShe said the pending legal cases and lack of effective enforcement could create an impression that occupants can remain indefinitely simply because proceedings are pending effectively turning pendency into a longterm licence for unauthorised occupationGaliya also pointed out that summary proceedings are intended to be expeditious and that prolonged pendency defeats their purpose The February evacuation notice she said is therefore significant as a direct safety intervention following repeated incidentsDeveloperrsquos role questionedAdvocate Ramesh Chheda a flat owner in Neelkanth Kingdom and criminal lawyer representing some flat owners before the Shindewadi court has questioned the role of developer Gammon Neelkanth Realty Corporation According to him the developer has not been made a party to the pending proceedings while an application seeking its impleadment is pendingHe alleged that the developer should be held responsible over the failure to obtain the OC handing over possession before obtaining it and permitting or allowing alleged unauthorised alterations The developer has deliberately and knowingly allowed the residents to carry out the alleged unauthorised alterations The allegations remain subject to court proceedingsSocieties under scrutinyAdvocate Chheda also alleged that housing society managing committees had failed to take effective steps to compel the developer to obtain the OC complete pending amenities and take other measures in flat ownersrsquo interests He said residents had effectively been caught between the developer housing societies and civic authorities ldquoResidents feel they have nowhere to gordquo he saidlsquoEvacuation order is in placersquoAt the August 6 hearing the BMC told the Shindewadi court that an evacuation notice had already been issued in February and that it was seeking the chief fire officerrsquos directions on implementation and sealing The notice directed Vidyavihar Containers Ltd and architect to get the complex vacated in the interest of occupantsrsquo safety It also required compliance with firesafety norms and pending IOD conditions ldquoWith the complex still occupied enforcement remains the crucial next steprdquo said GaliyaRulings add legal weightThe issue of unauthorised occupation and fire safety has also come under judicial scrutiny before the Bombay High Court In Sandesh Subhash Patil Vs State of Maharashtra the high court reiterated that merely initiating prosecution does not absolve municipal authorities from taking effective steps to vacate premises until valid statutory clearances including the OC and fire NOC are obtainedThe court also clarified the fire departmentrsquos powers under Section 8 of the Maharashtra Fire Prevention and Life Safety Measures Act 2006 including sealing premises occupied without a valid Fire NOC In the Wellington Heights matter the High Court similarly directed occupants to vacate portions of a building lacking an OC and firesafety clearance The order was subsequently upheld by the Supreme Court These rulings underline the distinction between initiating proceedings and taking effective enforcement action where public safety is involvedSeven years of pendencyA key question is the fate of approximately 374 prosecution cases filed by the BMC in 2019 following notices dating to 201314 and 2018 Despite more than seven years having passed the cases remain pending before the Shindewadi court Flat owners are questioning whether the BMC has taken adequate steps to seek expeditious disposal of the pending legal casesThe concern goes beyond the delay in court proceedings As legal proceedings remain pending and residents continue occupying the premises the underlying safety and compliance issues remain unresolved With the court also apprised of the recent fire incidents and the risks associated with continued occupation the prolonged pendency raises questions over whether the matter warrants expedited consideration and what steps are being taken by both the civic authorities and the court to bring the proceedings to a final resolutionThe crux of the issueThe question is no longer whether the BMC has acted It has The issue centres on whether the authorities will now act decisively to enforce notices and crucially whether that enforcement will come before another preventable tragedy according to GaliyaOrder awaiting implementationFor residents the issue has moved beyond responsibility for an old regulatory lapse The more immediate question is why people continue to occupy premises that the civic body itself has directed them to vacate on safety grounds If the BMC considers evacuation necessary to protect lives what is holding up its enforcement And how long can a safety order remain unimplemented before it loses its purpose Galiya askedFor nearly 500 families at Neelkanth Kingdom the outcome will determine whether the latest evacuation order finally leads to action on the ground or another civic directive that remains on paper while residents wait for a resolutionThe issue at a glancegtgt Location Vidyavihar West Mumbaigtgt Land Suburban Collectors landgtgt Buildings Sevenbuilding residential complexgtgt Occupancy Nearly 500 familiesgtgt OC Reportedly no valid OCgtgt Fire NOC Reportedly no valid Fire NOCgtgt Duration Absence of clearances reportedly exceeds 20 yearsgtgt March 2025 Fire killed a security guard and critically injured another persongtgt Later in 2025 Major fire damaged an entire floor lobbygtgt February 2026 BMC issued evacuation noticegtgt August 6 2026 Matter came before Shindewadi Metropolitan Magistrate Courtgtgt Current position Nearly 500 families remain despite the evacuation direction