ORDER S.J. Kathawalla, J. - Pursuant to the order passed by this Court dated 24th March, 2018, Mr. Amol Shetgiri of Shetgiri and Associates, appointed by this Court as independent This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 Architect inspected the Suit building on the same day and has submitted his report to this Court. Along with Mr. Shetgiri, Mr. Jehangir Ginwalla, Architect from Crescent Interior also inspected the Suit building and has submitted his report to this Court. Mr. Shetgiri has in his report inter alia stated / submitted as follows : i. During inspection, he along with others could actually feel vibrations in the floor slabs at some of the pockets within the Suit structure / building. ii. The Suit structure is a classic example,wherein one of the reasons for the distress caused is on account of the alterations carried out, additional areas created and extended, thereby loading the structure beyond the threshold for which it was designed (Details of alterations carried out by the landlords are set out by Mr. Shetgiri at page Nos. 3 and 4 of his report.) iii. The lowering of the plinth upto the base pedestals, damage to the plinth and filling and creation of loft within Room Nos. 1 and 2, has resulted into imbalanced loading resulting into visible cracks on the external stone load bearing walls. The joints have opened up and the alignment of the stone is seen to have been disturbed. This has also severely affected the uppers floors. This needs immediate restoration which would include re-fill of the excavated plinth and restoration of the portion of the structure which is under severe distress including strengthening by means of additional sections, straightening of stone load bearing walls and restoring the same back to its original shape, form, profile and alignment. iv. The life of the Suit building structure could be restored provided the This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 remedial measures suggested are duly implemented including removal of additional load onto the structure. 2. Mr.Jehangir Ginwalla of Crescent Interior has in his report pointed out that the changes wrongfully and illegally carried out by the landlords has posed a great danger to the structure of the building. 2. Mr.Jehangir Ginwalla of Crescent Interior has in his report pointed out that the changes wrongfully and illegally carried out by the landlords has posed a great danger to the structure of the building. Apart from the demolition of plinth on the ground floor, it is noticed that there are additional toilets and bathrooms which are unauthorized / illegally built and effluents are pouring out onto the chowk area between block ''A'' and ''B''. These additional structures have added to the load of the Suit building, which is approximately 120 years old. Mr. Ginwalla has also pointed out that there are municipal water pipelines which supply municipal water to the residents of A block. These have been illegally covered with a concrete slab covering the whole area. Hence, these pipelines cannot be approached in case of any leakages that may occur. Should leakage occur, the water will weaken the foundation and the Suit building will collapse. This concrete filling must be removed and the original municipal water supply pipelines must be kept exposed and the building restored to its original condition. Mr.Ginwalla has also pointed out that water draining into the open chowk located between A and B blocks can seep into the foundation and cause the building collapse. Therefore, it is important to carry out the repair work to both the chowk areas as well as the area of the structure where the plinth has been demolished and removed. 3. Today, in the morning session, the following order was passed : "1. The Deputy Commissioner of Municipal Corporation, ''C'' Ward, alongwith Executive Engineer of that Ward shall remain present before this Court today, at 3.00 p.m. 2. Since on the last occasion, Mr. Shailesh Agarwal, Defendant No.1 informed the Court that the entire mess of putting up a mezzanine by lowering the plinth is caused because he was mislead by Mr. Qureshi who is a Contractor on the Panel of the repair board, the Deputy Chief Engineer Mr. G.G. Khiani, who is present in Court, shall keep Mr.Qureshi present in Court, today at 3.00 p.m. He shall also submit the work orders as well as plans with regard to the repairs which were proposed to be carried out in the suit building. He shall also keep the concerned Executive Engineer present in Court at 3.00 p.m. 3. G.G. Khiani, who is present in Court, shall keep Mr.Qureshi present in Court, today at 3.00 p.m. He shall also submit the work orders as well as plans with regard to the repairs which were proposed to be carried out in the suit building. He shall also keep the concerned Executive Engineer present in Court at 3.00 p.m. 3. The Senior Inspector of L.T. Marg Police Station as well as the Deputy Commissioner of Police, Zone-II, under whose jurisdiction L.T. Marg Police Station is situated, shall remain present, today at 3.00 p.m. 4. Defendant No.1 undertakes to deposit with the Prothonotary and Senior Master, Rs. 60 Lakhs by way of demand drafts, as follows :- (i) Rs. 25 Lakhs on 26th March, 2018. (ii) Rs. 5 Lakhs on or before 28th March, 2018. (iii) The balance amount of Rs. 30 Lakhs on or before 4th April, 2018. 5. Stand over to 26th March, 2018 at 3.00 p.m." 4. In the afternoon session, Mr.Qureshi, Contractor from the panel of Mumbai This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 Building Repair and Reconstruction Board (MBRRB) is present. He states that about one month back, he replaced the side as well as middle columns of the frame structure of the Suit building. He admits that though permission is required to be obtained from the statutory authorities, before changing such columns, he had not obtained any permission before replacing the columns of the Suit building. He states that he did so at the instance of the owners of the suit building - Mr. Suresh Agarwal and Mr. Shailesh Agarwal. He states that he has not carried out the work of lowering the plinth and damaging the same. He states that he has not issued any bills to the owners for the said work. He states that he had put up the board mentioning the following particulars on the Suit Property : MUMBAI BUILDING REPAIR AND RECONSTRUCTION BOARD NAME OF WORK : BLDG. NO.276-286, PRINCESS STREET NAME OF AGENCY : M/s.UNITY CONST. NAME OF EX-ENG : S.S. DESHMUKH NAME OF DY. ENG : A.B. SURVASE NAME OF ARCH : SATISH KULKARNI DATE OF START : 8/5/2017 DATE OF COMPLETION : 12 MONTH He admits that the said board was put up by him without receiving any Work Order from MBRRB and without the knowledge and permission of MBRRB. 5. Mr. NAME OF EX-ENG : S.S. DESHMUKH NAME OF DY. ENG : A.B. SURVASE NAME OF ARCH : SATISH KULKARNI DATE OF START : 8/5/2017 DATE OF COMPLETION : 12 MONTH He admits that the said board was put up by him without receiving any Work Order from MBRRB and without the knowledge and permission of MBRRB. 5. Mr. Suresh Agarwal who is the co-owner of the suit premises is present in Court. He states that Mr.Qureshi is making an incorrect statement and the work of lowering the plinth and damaging the same is carried out by Mr. Qureshi. He states This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 that he has already paid an amount of Rs. 4 - 5 Lacs to Mr.Qureshi in cash and that Mr. Qureshi is making false statements before the Court. 6. Mr. Ghegadmal, Assistant Municipal Commissioner, C Ward, states that unauthorized work has been carried out in the Suit building and the Corporation has already passed an order to the effect that action be taken for such unauthorized work. 7. Mr.Deshmukh, Executive Engineer, MHADA states that the first joint inspection of the Suit building was carried out in July-2016. Thereafter, the second joint inspection was to be carried out in September-2017, however, Mr. Kulkarni, Architect was not present in town. Mr. Kulkarni who is present in Court, states that he was not present in town when the said second joint inspection was to be carried out. This Court enquired from him as to when he was out of town. In response, he states that he was not available in March-2017 for few days. Again Mr.Deshmukh, Executive Engineer, MHADA reiterates that Mr.Kulkarni was not available in September-2017. Mr. Kulkarni now states that he was not available in September- 2017. Again, when this Court asked Mr. Deshmukh, Executive Engineer, MHADA when the second joint inspection ultimately took place, he states that the second joint inspection has not taken place till date. When this Court questioned why after the first joint inspection in July-2016, second joint inspection has not taken place till date, he has no answer. This is how MHADA and MBRRB (which is a unit of MHADA) functions. 8. When this Court questioned why after the first joint inspection in July-2016, second joint inspection has not taken place till date, he has no answer. This is how MHADA and MBRRB (which is a unit of MHADA) functions. 8. Mr.Sharad Naik, Senior Inspector of Police, L.T. Marg Police Station, This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 Mumbai admitted that he had received a copy of the letter dated 22nd March, 2018 from MBRRB setting out therein that the plinth in the Suit building was lowered, the columns were replaced, and additions alterations were carried out by breaking a load bearing wall, which in turn may cause danger to the Suit building and the life of occupants. However, instead of swinging into action, Mr. Naik has exchanged some correspondence but has not bothered to even visit the Suit building, at least till this order is dictated at around 04.00 p.m. 9. This is how the officers heading the statutory authorities and the police force function even during a crisis. It is unfortunate that these days human life has little value, and the administration lacks sensitivity when dealing with such matters. In view thereof, the following order is passed : i. A joint audit of the Suit building shall be conducted on 28th March, 2018 at 03.00 p.m by a Committee consisting of (i) Mr.Amol Shetgiri of Shetgiri and Associates, independent Architect appointed by the Court, (ii) Mr.A.D.Kshinire, Structural Engineer from the MBRRB (iii) Mr. Deshmukh, Executive Engineer along with Mr.Shashank Mehendale, Structural Engineer and Ms.Rohini Deshmukh, Designated Officer / Assistant Engineer, Building and Factory, representing the BMC and (iv) Mr.Upendra Raval, Civil Engineer along Mr.Ginwala, Architect representing the tenants. The owners of the Suit building and four representatives of the tenants may also remain present at the time of such audit. ii. The joint audit report shall be placed before this Court on 3rd April, This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 2018 at 10.00 a.m. in Chambers. iii. Crescent Interiors shall forthwith commence restoration work with regard to the damage caused by the owners / landlords. Mr.Shetgiri shall supervise the works carried out by Crescent Interior. iv. The joint audit report shall be placed before this Court on 3rd April, This Order is modified/corrected by Speaking to Minutes Order dated 28/03/2018 2018 at 10.00 a.m. in Chambers. iii. Crescent Interiors shall forthwith commence restoration work with regard to the damage caused by the owners / landlords. Mr.Shetgiri shall supervise the works carried out by Crescent Interior. iv. The Additional Commissioner of Police, South Region shall investigate the damage caused to the Suit building in the manner set out in the respective reports submitted to this Court by Mr.Shetgiri and Crescent Interiors and upon finding that an offence punishable under the Indian Penal Code, 1860 has been committed set the law into motion against those responsible. v. The learned Advocate appearing for Defendant Nos. 1 to 4 on instructions from Defendants Nos. 1 to 4 has informed the Court that Defendant Nos. 1 to 4 undertake to deposit an amount of Rs. 30 Lacs on or before 28th March, 2018 and further sum of Rs. 30 Lacs on or before 4th April, 2018 with the Prothonotary and Senior Master. The undertaking is accepted. vi. Stand over to 3rd April, 2018 at 10.00 a.m. in Chambers.