Will Ensure Safety Of Hoardings Near Mumbai Railway Lines : Railways Tells Supreme Court

The railways undertook before the Supreme Court on Friday (June 14) to ensure that no collapse of hoardings in the central and western railway lines of Mumbai will happen during the Monsoon rainy seasons.

The development happened after the Court raised a concern last week about the safety of hoardings in the light of the Ghatkopar hoarding collapse incident.

The bench of Justices PV Sanjay Kumar and AG Masih expressed concerns about the need to oversee the issue of hoarding collapse amidst the present monsoons in Bombay. The Court was hearing the challenge against the Bombay High Court order which held that Sections 328 and 328A of the Mumbai Municipal Corporation Act "would not be applicable to the hoardings erected by Railways on the railway" as defined in Section 2(31) read with Section 197 of the Railways Act, 1989.

"The rains, the Bombay rains- the winds...in the meanwhile who will be responsible if anything happens?" inquired Justice Kumar when the counsels requested to hear the matter after vacations.  

Mr Vikramjit Banerjee Additional Solicitor General (ASG), appearing for the Railways submitted to the Court that the railways is ready to take responsibility for ensuring that the hoardings on the railway lines do not cause any adversities. Senior Advocates Mukul Rohatgi and Balbir Singh also appeared for the Municipal Corporation of Greater Mumbai (MCGM)

"Mr Vikramjit Banerjee, learned ASG, on instructions states that the railways take full responsibility for the hoardings in the central and western railway lines and ensure that no untoward incident occurs during the present monsoons."

The present observations were made while hearing a case by the MCGM regarding the applicability of certain provisions of the Mumbai Municipal Corporation Act to hoardings on Railways' land. In the last hearing, the bench of Justices Sudhanshu Dhulia and PB Varale referred to the collapse of a 250-tonne illegal hoarding in Ghatkopar, Mumbai on top of a petrol pump, following a dust storm and heavy rains in the city on May 13, 2024.

Reportedly, the pillar which supported the Ghatkopar hoarding had a weak foundation and the size of the hoarding was 120×120 sq feet (instead of the permitted size 40×40 sq ft). About 17 people lost their lives in the incident, while several others were injured. A case under Sections 304/337/338/34 of the IPC was registered by Mumbai Police against Bhavesh Bhide (owner of the hoarding) and others. 

The matter is now listed for July 10.   

Case Details : Case Title: MUNICIPAL CORPORATION OF GREATER MUMBAI V. JAGMOHAN CHANDRABHAN GUPTA(DEAD) THROUGH LRS., C.A. No. 6367/2024