Mumbai: The Bombay High Court has imposed a cost of Rs 2 lakh on the Brihanmumbai Municipal Corporation (BMC) for demolition of a structure run by a charitable firm that offered food and shelter to cancer patients undergoing treatment at Tata Memorial Hospital. The court termed the civic body’s action “high-handed and arbitrary”.
Justice Gauri Godse strongly criticised the BMC for carrying out the demolition “in unholy haste” without following due process or informing the occupier.
The court was hearing a petition filed by M/s Mehta & Co, a charitable firm whose premises adjacent to Tata Memorial Hospital in Parel were razed by the civic body on January 4. The petitioner claimed the structure was demolished even as its plea challenging the action was pending before a civil court.
“The corporation’s officers have shown a complete lack of sensitivity while proceeding with the demolition of the structure which the plaintiff used for providing food and shelter to cancer patients undergoing treatment at Tata Memorial Hospital,” Justice Godse observed on April 4. The order copy was made available on Wednesday.
She further remarked, “In a city like Mumbai, it is very difficult to get temporary shelter. Thus, I have no doubt in holding that the action of demolition has not only deprived the plaintiff of his rights, but also deprived cancer patients of their right to temporary shelter at the time of taking treatment.”
Noting that irreparable loss had been caused to the plaintiff, the court directed the BMC to provide temporary alternate accommodation of the same area (1,319 sq ft) in the same vicinity.
The bench pulled up BMC officers for acting in bad faith. “Unholy haste shown on behalf of corporation officers to demolish the structure without any intimation, and on the day when the plaintiff was to pray for interim relief before a civil court, smacks of malafides and arbitrariness,” the court said.
It added that the civic body’s conduct amounted to “putting a premium on the high-handedness and arbitrary action” if no relief were granted in such a rare and exceptional case.
The judge stressed that the rule of law applied equally to civic officials. “It is the fundamental duty of every citizen to follow and abide by laws. The same rule applies to corporation officers too,” she stated.
Calling the demolition “absolutely unfortunate,” the court held it was carried out “high-handedly and illegally” under the garb of implementing a redevelopment scheme.
