SC vacated its stay granted on November 28, 2022 on the demolition of the building on Annie Besant Road in Worli by the Municipal Corporation of Greater Mumbai (MCGM) and its contractors.
Supreme Court of India.
The Supreme Court on Thursday paved the way for the demolition of the over 50-year-old "dilapidated" building of the National Insurance Company in Mumbai by refusing to interfere with the Bombay High Court order for razing the structure.
The top court vacated its stay granted on November 28, 2022 on the demolition of the building on Annie Besant Road in Worli by the Municipal Corporation of Greater Mumbai (MCGM) and its contractors.
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A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said it finds no reason to interfere with the November 15, 2022 order of the Bombay High Court.
"We find no reason to interfere with the order of the High Court. The High Court was right in its decision that it would not interfere with the decision of the Municipal Corporation of Greater Mumbai," the bench said.
The high court had directed the MCGM to demolish the 'India Re House' or 'National House' which was categorised as dilapidated by the civic body on the basis of a report of the technical advisory committee which has accepted the report of the structural auditors of the National Insurance Company and Mumbai-based builder PE Mannings.
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The top court allowed the firm to take out its belongings, if any, present in the building within a period of one week. The bench held the high court cannot be said to be in error in holding that the building was a dilapidated structure as reported in the audit report of the structural auditors of the National Insurance Company. It also noted that in various correspondences with the civic body the insurance company had admitted the building was in a dilapidated condition.
"The high court has rightly said in paragraph 25 of its order that it is not entering into the disputed question of the title in these petitions, which may have some bearing on the issue of no objection certificate in favour of one of the parties by the municipal corporation for carrying out demolition," the bench said.
The firm Mannings is one of the parties which have leasehold rights over the plot that was transferred to Ghai Lamba Pvt Ltd.
Ghai Lamba had transferred all its rights in the building as well as the sub-leasehold rights to India Reinsurance Corporation Ltd in 1971.
The India Reinsurance Corporation was merged with the National Insurance Company, which had acquired the rights of the building after the insurance sector was nationalised in 1972.
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