Mumbai: HC raps BMC over apathy in getting back its plot for extension of Nair Hospital

Mumbai: The Bombay High Court has directed Rubberwala Developers Private Limited to hand over the vacant plot to Nair Hospital within a month to construct a Dharmasala to house patients and their relatives. A division bench of Chief Justice Dipankar Datta and Justice MS Karnik observed, “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 accompanying relatives of some basic needs. In a city like Mumbai, where space comes at a premium, the sheer apathy on the part of the MCGM (Municipal Corporation of Greater Mumbai) to get back the premises and hand them over to Nair Hospital is appalling.

“The HC was hearing a public interest litigation (PIL) filed by one Imran Qureshi seeking that the civic body be directed to take over the plot from the developer, which has been occupied for 14 years, and hand it over to the hospital for its extension. Mumbai: CT scanner at Nair Hospital breaks down, patients travel 4km to private labBMC had already acquired the land Originally, the land adjoining Nair Hospital belonged to the Hindutan Spinning & Weaving Mills Limited. In the development plan of 1981, the adjoining plot was reserved for the extension of Nair Hospital.

The BMC took the necessary steps to acquire the same for Rs 2. 5 crore and took possession of the land in 1992. One Nalini owned a portion of the land set aside for the hospital expansion and had a go-down on the property.

BMC decided to relocate her as a Project Affected Person. Till the plot was to be actually used, the BMC allowed her to use the plot with a specific clause not to sub-lease it. However, she leased almost 5,000 square feet of the plot to Rubberwala Developers in 2013, with permission from the BMC.

He demolished the structure (go-down) under the garb of repairing it and constructed a building which is being used as his office. Deans of Nair hospital requesting BMC for land since 1992Since 1992, the Deans of Nair Hospital have been repeatedly requesting the BMC to hand them the plot for the construction of Dharmasala. But the civic body has not acted on the requests.

Meanwhile, the junior level BMC officers submitted reports at every stage highlighting the irregularities by the builder, but the senior officers did not pay heed to the same. “This is a classic case of how the developer has got away with so many irregularities and yet the MCGM, except for saying that at the appropriate stage they will recover the possession, nothing is done,” noted HC. In its 120-page judgement, the HC said, “The manner in which the officials in the higher echelons of the MCGM proceeded at the relevant time is not only shocking, against the public interest, but to the detriment of Nair Hospital and ultimately the citizens for whom the land was acquired.

We are saddened to note that instead of safeguarding the public interest, the then officials of the MCGM have all gone out of their way to promote the private interest of the developer. “Mumbai: Sion, Nair hospitals go hi-tech, get Bluetooth stethoscopesThe HC praised the efforts of the Deputy Municipal Commissioner and other officials “who made an attempt to put up the proposals in accordance with the law, but they unfortunately had to fall in line with the dictates of their superiors. “BMC has not shown any urgency in getting the land Expressing displeasure at the “insensitivity displayed” by the BMC, the HC said that even at this stage, it has not shown any “sense of urgency” in getting its land back from the developer.

“We fail to understand why the MCGM went soft in the case of such a developer,” said HC while directing the developer to hand over the possession to BMC. On a question of whether the developer should be compensated as he would be a “project affected person” since he had leased the plot from Nalini, the HC replied in the negative. “The developer has been in possession of the premises for more than 14 years and has, upon construction of the new building, utilised the structure for private purposes and gains.

The Developer was always well aware of the consequences and, therefore, the question of compensation does not arise,” said the judges. The developer has been asked to vacate the premises within a month. Worli cylinder blast case: Three Nair hospital staffers suspended for negligence.