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Purandare submitted that there were complaints of nuisance and a compromise in the safety and security of the hospital staff, patients, and residents. It was for these reasons that the fencing was installed
The Bombay High Court has granted a stay on the notice issued by the Brihanmumbai Municipal Corporation (BMC) to the King George V Memorial Hospital, a South Bombay Hospital, directing the removal of the iron fencing installed by the hospital management to prevent trespassers.
The division bench of the high court, consisting of Justice GS Patel and Justice Kamal Khata, heard a petition filed by the hospital challenging the notices issued by the corporation in December 2021 and March 2022 concerning the iron fencing erected by the hospital.
The hospital, operated by a Charitable Trust, occupies a substantial tract of land measuring 36,300 sq mts.
Advocate Dinesh Purandare, representing the petitioner, argued that the fencing was installed due to 24 out of the 36 staff quarters being under unauthorized occupation by retired staff members, their families, or even outsiders.
He informed the bench that the hospital compound was also encroached upon by illegal occupants and trespassers, with the trespass and encroachment steadily increasing and occupying more of the hospital's land.
Purandare submitted that there were complaints of nuisance and a compromise in the safety and security of the hospital staff, patients, and residents. It was for these reasons that the fencing was installed.
He argued that it was certainly curious and perhaps ironical that the MCGM shows such enthusiasm and alacrity to remove a protective fence, but this municipal enthusiasm is conspicuous by its absence in regard to trespassers.
The bench agreed with the contentions of the petitioner and while granting interim relief the court said that turning the compound into a slum scheme is the last thing that the city needs.
“We are particularly anxious to avoid a situation where at some point in the future the encroachments become so many that we are confronted with a possible proposal to convert the whole hospital into a slum scheme. That is absolutely the last thing that this city needs,” the bench said.
The high court directed the MCGM to file its reply and listed the matter on February 15, 2023.
Case title: King George V Memorial & Anr vs MCGM & Ors
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