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HomeIndiaSupreme Court allows MCGM to demolish 50-year-old ‘National House’ | India News

Supreme Court allows MCGM to demolish 50-year-old ‘National House’ | India News


NEW DELHI: The Supreme Court on Thursday vacated its 40-day-old stay and greenlighted the decision of the Municipal Corporation of Greater Mumbai (MCGM) to demolish the 50-year-old ‘dilapidated’ ‘India Re House‘ aka ‘National House‘ on Annie Besant Road in Mumbai.
A bench of Chief Justice D Y Chandrachud and P S Narasimha vacated it’s on November 28 order staying the Bombay High Court’s November 15 decision allowing demolition of the building, after MCGM counsel Mukul Rohatgi pointed out that the National Insurance building was categorized as dilapidated by the civic body in September 2019, based on a structural engineer’s report followed by Technical Advisory Committee report, which was accepted by the insurance company.
The bench, which was earlier mulling for an independent assessment of the condition of the building, was appraised that the structural safety assessment of the building was carried out following all norms and that the electricity and water connection to the building was severed three years ago.
When the AG pressed for a fresh assessment of the building’s structural safety, the bench said the conditions of the building, which was categorized as dilapidated three years ago, would not have improved by now given Mumbai’s saline atmospheric conditions.
However, the bench protected the rights of sub-lessees, assignees and legal tenants of the building as was provided for in the HC’s decision. “We find no reason to interfere with the HC order, the bench said and disposed of the appeal filed by National Insurance.
The NIC, through advocate Amit K Pathak, had alleged that behind this façade of demolition was a Mumbai-based builder which is operating through P E Mannings, one of the respondents which had leasehold rights over the plot that was later transferred in 1966 to one 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 March 1971. When the insurance sector was nationalized in 1972, India Reinsurance merged with National Insurance company and the latter acquired all rights in the ‘India Re House.’



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