Sheer apathy by BMC for failing to get back land for its own hospital for 14 years: Bombay High Court

The Bombay High Court recently deprecated the conduct of the Brihnamumbai Municipal Corporation (BMC) while disposing a petition raising grievance against the civic body’s failure to take over land from a private party for extension of its own hospital for the last 14 years [Imran Suleman Qureshi v. MCGM & Ors.]..A bench of Chief Justice Dipankar Datta and Justice MS Karnik said it cannot allow public interest to be defeated by the BMC.The Court said that BMC failed to show urgency in taking over the premises for more than 14 years. “We would have expected BMC, even now to have displayed a sense of urgency. Surprisingly there is none. Except for saying that the extension is proceeding in a phased wise manner and at the appropriate stage the Developer will be called upon to hand over the possession, we find the response of BMC as cold as it can be,” the Bench noted..The High Court deemed it fit to take judicial cognizance of the sheer lack of space and hardship faced by the patients, their family members, relatives, the doctors and the staff in municipal hospitals.“In view of the condition imposed by BMC about the developer handing over the premises when called upon, this is a fit case for passing mandatory orders. In a city like Mumbai, where space comes at a premium, the sheer apathy on the part of BMC to get back the premises and hand it over to Nair hospital is appalling,” the judgment authored by Justice Karnik noted..The land in question along with a godown was acquired for public purpose for extension of Nair hospital. The possession of the land was, thereafter, handed over to BMC by the State government. The two godowns were occupied by one Nalini Amin, who was permitted to occupy the same as a licensee. Amin however allegedly entered into an agreement with the developer, Rubberwala Developers, for the godown and transferred tenancy in their name.The developer ended up demolishing the godown without obtaining any permission. When the Dean of Nair hospital brought this to BMC’s attention, they issued a stop work notice.However, in 2013, as per reports of BMC officers, an agreement of tenancy was executed between the developer and BMC permitting the developer to occupy the godown land as a licensee.It was after this that the present public interest litigation petition was filed seeking cancellation of tenancy with Amin, revocation of any permission granted to the developer with directions to them to vacate the premises and restoring possession with the hospital..The Bench noted that BMC conveniently overlooked the public interest which increased manifold over the years by allowing breaches committed by the developer to be regularised. “We find that not only the breaches on the part of the Developer are condoned at every stage, but every irregularity is brazenly regularised in the garb of exercising the powers conferred by the municipal laws. We have no hesitation in saying that present is a case where there has been gross abuse of powers at the cost of overwhelming public interest.”The bench also directed the developer to vacate the premises within one month from date of uploading of the order..The bench expressed its disappointment while noting that instead of safeguarding public interest, the BMC officials went out of their way to promote private interest of a developer at the cost of the citizens for whom the State government had acquired land in a prime location at Mumbai for their health and medical needs.“The manner in which the officials in the higher echelons of BMC proceeded at the relevant time is not only shocking, against public interest, but to the detriment of Nair Hospital and ultimately the citizens for whom the land was acquired,” the Bench remarked..The Bench noticed that after finding out that Amin had assigned her rights over the premises to another party without the permission of the civic body in breach of the agreement, BMC should have proceeded against the developer with eviction proceedings as the hospital was desperately in need of the premises.“The impression that we gather is that the Municipal Commissioner as well as the Additional Municipal Commissioner were more concerned about the private interest of the Developer than the public interest of its own wing i.e. Nair Hospital” the Bench remarked..[Read Judgment]