The collapse of a multi-story building known as "Tariq Garden" in Mahad, Raigad, Maharashtra, leading to the tragic deaths of 16 individuals and several injuries. The accused, including contractors, developers, engineers, and other stakeholders, faced charges of culpable homicide, forgery, and conspiracy due to allegations of using substandard construction materials, neglect in following safety protocols, and other negligent actions that directly contributed to the collapse.
The court examined the extent of involvement of each accused, the contracts governing their roles, and the technical reports on the building's structural failure. Special attention was given to allegations of poor supervision, unauthorized construction beyond the sanctioned floors, and failure to act on known defects, which ultimately led to the fatalities.
Incident:
On August 24, 2020, the "Tariq Garden" building in Mahad collapsed, killing 16 people and injuring others.
Accused:
The accused included Yunus Razzak Shaikh (son of the landowner), Bahubali Dhamane (RCC Consultant), Irfan Husain Qazi (developer’s cousin), and others involved in the construction process.
Allegations:
Charges:
Defense:
The accused argued there was no direct contractual or supervisory role between them and the construction, challenging their culpability based on lack of evidence showing professional commitment or active involvement.
Expert Findings:
Reports from Veermata Jijabai Technological Institute (VJTI) confirmed the use of substandard materials and improper construction practices, supporting the charges.
Acts and Sections Discussed:
Ratio Decidendi: The court emphasized that the safety of public constructions is of paramount importance. Negligence and omission of duties by individuals responsible for ensuring structural integrity and safety standards cannot be ignored, especially when it results in significant loss of life.
Citation: 2024 LawText (BOM) (6) 1302
Case Number: CRIMINAL REVISION APPLICATION NO.107 OF 2023 WITH CRIMINAL REVISION APPLICATION NO.66 OF 2023 WITH CRIMINAL REVISION APPLICATION NO.144 OF 2024
Date of Decision: 2024-06-13
Case Title: Yunus Razzak Shaikh Versus The State of Maharashtra & Ors.
Before Judge: S. M. MODAK, J.
Advocate(s): Mr.Abid Mulani i/b. Mr.Ashish P. Agarkar: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State. Mr.Majeed Memon a/w Mr.Tapish Jain, Mr.Mateen Qureshi i/b. Mr.Kishan Chaudhari: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State. Mr.S.M.M.Owais T. Jahagirdar a/w Mr.Sultan Khan: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State.
Appellant: Yunus Razzak Shaikh
Respondent: The State of Maharashtra & Ors.