New Delhi : The Supreme Court on Friday said the monsoon season has arrived and the authorities concerned should ensure that no untoward incident like Ghatkopar hoarding crash should occur, while hearing a matter pertaining to an application filed by Municipal Corporation of Greater Mumbai (MCGM) in relation with the applicability of certain provisions of the Mumbai Municipal Corporation Act (MMCA) to hoardings on railways land.
A bench comprising justices Sanjay Kumar and P. B. Varale said that the concerned authorities should ensure that no untoward incident takes place on any land, owned either by railways or municipal corporation, as monsoon season has arrived. A counsel said the Ghatkopar issue was not before the court and the illegal hoarding that collapsed in Ghatkopar was not on railway land.
A counsel, representing MCGM, contended that his client is discharging functions not just under MMCA but also under the Disaster Management Act, which has an overriding effect on other laws, and pointed out that several illegal hoardings have been identified on railways land. After hearing submissions, the bench has listed the matter after a week.
17 people had died and 75 were left injured after a massive illegal hoarding collapsed on top of a petrol pump in Ghatkopar. The hoarding collapsed, during the dust storm across the city, due to the weak foundation of the pillar on which the billboard was supported.
The apex court was hearing a plea filed by MCGM challenging the high court judgment, which declared that provisions of Section 328 and 328A of the MMCA would not apply to the hoardings erected by railways on railway land.
The municipal corporation had told railways that hoarding, which collapsed, measured 120 ft x 120 ft, which was not permissible as per the policy of the Brihanmumbai Municipal Corporation (BMC). The BMC’s policy mandated a size of 40 ft x 40 ft against the backdrop of coastal location of Mumbai, expected wind speeds, and other relevant factors. Railways had maintained that the hoarding was not on railway land.
