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The High Court slammed BMC for not showing urgency in the matter where land was acquired by the state government for the extension of Nair Hospital. The Bench noted that "The MCGM has not shown any urgency in getting back the premises despite the undertaking given by the Developer that the premises would be restored when demanded."
A Division bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice M.S Karnik, slammed BMC for not handing over the extended land that was acquired for the extension of Nair Hospital.
The case pertains to a PIL that was filed by one Imran Qureshi who prayed before the court that the reserved land for Nair Hospital should be handed over for its extension.
The state government acquired land for the extension of the Nair Hospital in 2003 and handed it to BMC. One of the affected parties due to land acquisition was allowed to occupy a premise through a license agreement.
The affected person let out the premise to one developer without the permission of the commissioner and the developer demolished the premise without a commencement certificate.
The additional municipal commissioner allowed the demolishing despite the irregularities on the condition that possession would be given to MCGM after the construction.
Taking note that the land was not used for which it was acquired for the extension of Nair hospital, the court noted that:
"We are sorry to observe that not only the irregularities are overlooked but the authorities of the MCGM appear to have indirectly assisted the Developer at every stage by ignoring the genuine pleas made by the Dean, Nair Hospital and some of its own officers. On the basis of the repair permission, which was granted even before the Developer was recognized as a licensee, a permanent new construction altogether is put up on a vacant plot of land, flouting the orders of the Municipal Commissioner/Additional Municipal Commissioner themselves. We feel sorry for the Dean of the Nair Hospital who has been treated so shabbily by the MCGM, thereby depriving the patients with medical conditions and their relatives accompanying them of some basic needs, all for the benefit of a private developer. We cannot allow public interest to be defeated in the manner that is sought to be done by the MCGM."
The court while noting that the premises is in the developer's occupation for 14 years and that no urgency was shown by MCGM noted that
"Judicial notice can be taken of the sheer lack of space and hardship faced by the patients, their family members, relatives, the doctors and the staff in municipal hospitals. Public health is one of the most important functions to be discharged by the MCGM."
The division bench allowed the PIL and directed the developer to vacate the premise within one month from the date of uploading the order.
Case Title: Imran Suleman Qureshi vs. Municipal Corporation of Greater Mumbai & Ors
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