+
Libas Designers Guilty of Contempt in Flat Case
ECONOMY & POLICY

Libas Designers Guilty of Contempt in Flat Case

The Bombay High Court has held Nishant Mahimtura, chairman of the design label Libas, and Riyaz Gangji, its executive director and fashion designer, guilty of contempt for violating court orders issued nearly 19 years ago. The case pertains to the illegal amalgamation of two ground-floor flats in a Pedder Road building, where the partition wall was removed to combine the flats into a single commercial space. Both flats currently house the Libas designer store.

HC’s Rebuke and Sentencing Directive A bench comprising Justices Ajay Gadkari and Kamal Khata issued a strong indictment, stating that the duo had “brazenly, wilfully, and successfully” flouted court orders dated June 22, 2006, and September 27, 2007. The court directed the registry to issue notices to Mahimtura and Gangji, asking them to appear on February 18, 2025, to explain why they should not be sentenced under the Contempt of Courts Act.

The court also directed the Brihanmumbai Municipal Corporation (BMC) commissioner to personally file an affidavit outlining actions taken to restore the flats to their original state. This includes rebuilding the partition wall to separate the two flats, as per the sanctioned plan, and ensuring that the changes satisfy the housing society’s members.

Society’s Complaint and BMC’s Inaction The Sukhshanti Cooperative Housing Society Limited (CHSL) had complained that Mahimtura and Gangji amalgamated the flats, which included property owned by the late Dr. L. Soneji, by removing partition walls, installing shutters, and encroaching on common areas. These actions allegedly compromised the structural stability of the building.

The BMC issued three warning notices to the duo but failed to restore the flats to their original configuration. Despite the High Court granting the civic body permission to demolish the illegal construction in 2006, the notices were not implemented. The society escalated the matter by filing a suit in 2006 and later approaching the High Court again in September 2007.

Court’s Observations The judges noted that Mahimtura and Gangji claimed the flats were interconnected for over 25 years and argued that renovations were legal. They submitted BMC assessment bills and business licenses as evidence of commercial activity. However, the court dismissed these claims, stating that a license for commercial activity does not permit structural alterations or a change in land use.

“It is the respondents who have flouted the law. They have not obtained any permissions from BMC. They have taken advantage of being adjoining flat owners and illegally usurped late Dr. Soneji’s ownership premises without following the due process of law,” the bench remarked.

The court also expressed frustration with the BMC for selective enforcement of the law. “Non-implementation of directions passed by these courts would embolden and encourage offenders and bring the state to anarchy and lawlessness,” Justice Khata wrote for the bench.

Mandates for BMC and Civic Accountability The High Court directed the BMC commissioner to investigate why earlier notices were not enforced and to identify officers responsible for this lapse. The affidavit must also include details of any actions taken against those officials. The bench criticized the civic body for not seeking police assistance to ensure compliance with court orders and observed a trend of rising lawlessness due to weak enforcement.

The judges emphasized that the partition walls must be rebuilt immediately to prevent further danger to the building’s structural integrity and restore order.

Closing Remarks In a scathing critique, the court said, “Having seen a rise in this trend [for the] past several months, we have appraised the current municipal commissioner as well as the police commissioner to stem this rot.”

As the case unfolds, the February 18 hearing will determine the sentence and penalties for Mahimtura and Gangji, potentially setting a precedent for stronger judicial action against contempt and illegal construction.

The Bombay High Court has held Nishant Mahimtura, chairman of the design label Libas, and Riyaz Gangji, its executive director and fashion designer, guilty of contempt for violating court orders issued nearly 19 years ago. The case pertains to the illegal amalgamation of two ground-floor flats in a Pedder Road building, where the partition wall was removed to combine the flats into a single commercial space. Both flats currently house the Libas designer store. HC’s Rebuke and Sentencing Directive A bench comprising Justices Ajay Gadkari and Kamal Khata issued a strong indictment, stating that the duo had “brazenly, wilfully, and successfully” flouted court orders dated June 22, 2006, and September 27, 2007. The court directed the registry to issue notices to Mahimtura and Gangji, asking them to appear on February 18, 2025, to explain why they should not be sentenced under the Contempt of Courts Act. The court also directed the Brihanmumbai Municipal Corporation (BMC) commissioner to personally file an affidavit outlining actions taken to restore the flats to their original state. This includes rebuilding the partition wall to separate the two flats, as per the sanctioned plan, and ensuring that the changes satisfy the housing society’s members. Society’s Complaint and BMC’s Inaction The Sukhshanti Cooperative Housing Society Limited (CHSL) had complained that Mahimtura and Gangji amalgamated the flats, which included property owned by the late Dr. L. Soneji, by removing partition walls, installing shutters, and encroaching on common areas. These actions allegedly compromised the structural stability of the building. The BMC issued three warning notices to the duo but failed to restore the flats to their original configuration. Despite the High Court granting the civic body permission to demolish the illegal construction in 2006, the notices were not implemented. The society escalated the matter by filing a suit in 2006 and later approaching the High Court again in September 2007. Court’s Observations The judges noted that Mahimtura and Gangji claimed the flats were interconnected for over 25 years and argued that renovations were legal. They submitted BMC assessment bills and business licenses as evidence of commercial activity. However, the court dismissed these claims, stating that a license for commercial activity does not permit structural alterations or a change in land use. “It is the respondents who have flouted the law. They have not obtained any permissions from BMC. They have taken advantage of being adjoining flat owners and illegally usurped late Dr. Soneji’s ownership premises without following the due process of law,” the bench remarked. The court also expressed frustration with the BMC for selective enforcement of the law. “Non-implementation of directions passed by these courts would embolden and encourage offenders and bring the state to anarchy and lawlessness,” Justice Khata wrote for the bench. Mandates for BMC and Civic Accountability The High Court directed the BMC commissioner to investigate why earlier notices were not enforced and to identify officers responsible for this lapse. The affidavit must also include details of any actions taken against those officials. The bench criticized the civic body for not seeking police assistance to ensure compliance with court orders and observed a trend of rising lawlessness due to weak enforcement. The judges emphasized that the partition walls must be rebuilt immediately to prevent further danger to the building’s structural integrity and restore order. Closing Remarks In a scathing critique, the court said, “Having seen a rise in this trend [for the] past several months, we have appraised the current municipal commissioner as well as the police commissioner to stem this rot.” As the case unfolds, the February 18 hearing will determine the sentence and penalties for Mahimtura and Gangji, potentially setting a precedent for stronger judicial action against contempt and illegal construction.

Related Stories

Gold Stories

Next Story
Infrastructure Transport

Tiruchi Airport Handles over 20 t of Domestic Cargo in a Month

Tiruchi International Airport has handled more than 20 t of inbound and outbound domestic cargo since the facility was launched in late August. Outbound shipments have exceeded inbound volumes, with private carriers transporting goods to Chennai, Delhi, Bengaluru and Mumbai. The domestic cargo service began after the Bureau of Civil Aviation Security (BCAS), an independent department under the Ministry of Civil Aviation, granted clearance. The facility was introduced to give local businesses a faster route for sending goods to major domestic hubs, reducing their reliance on cargo routed throug..

Next Story
Infrastructure Urban

Gabriel India Forms Joint Venture with Forvia for Advanced Seating

Gabriel India, part of the US$2.6 bn Anand Group, has formed a joint venture with France-based Forvia to bring advanced seating systems and technologies to the Indian automotive market. The partnership expands Gabriel India’s participation in vehicle systems as automotive architectures become more sophisticated and customer requirements evolve. The joint venture, named Faurecia Anand Seating India, combines Forvia’s global seating technology expertise with Gabriel India’s manufacturing capabilities, customer relationships and understanding of the Indian automotive market. Forvia will hol..

Next Story
Infrastructure Urban

Hical Technologies, Safran to Explore Rafale Systems Joint Venture

Hical Technologies has signed a Memorandum of Understanding (MoU) with Safran Aerosystems to explore establishing a joint venture for manufacturing complex systems for the Dassault Rafale programme in India. The Bengaluru-based precision electromechanical manufacturer said the proposed venture would support the production of advanced equipment for Rafale aircraft delivered under the Make in India initiative. The proposed operations would include complex fluid and fuel systems and related assemblies. The agreement is intended to expand the role of Indian industry in global aerospace and defence..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code