Mumbai: The Bombay High Court (HC) on Thursday directed the BMC to take action as may be warranted by law on a report by the Indian Institute of Technology - Bombay (IIT-B) which recommended demolition of Prince Aly Khan Hospital in Mazgaon.
The order was passed while hearing a petition filed by the hospital and its three trustees seeking direction to the BMC to take necessary steps with respect to shutting down and demolition of the 70-year-old building which is dilapidated.
On Oct 3, the HC had requested IIT-B to carry out a structural audit of the building and submit a report in a sealed envelope on whether or not the structure is dilapidated and falls under the C1 category of dangerous and dilapidated buildings. The report submitted on Dec 13 recommended demolition stating that the structure is beyond any kind of repair.
During the hearing on Thursday, the judges said in view of the report, the BMC is free to take action in accordance with the law. “Why do you need the HC's order? Take whatever decision you want. It is up to you,” said Justice Nitin Jamdar.
Appearing for the union of employees, advocate Himanshu Kode said it wants to submit facts regarding the condition of the building. However, the HC said the union has no stand in the issue and that the civic body will take necessary care.
Counsel for the petitioners Mr Rafiq Dada said, “If an independent authority is saying it, the civic body must act on the report.” To this, justice Jamdar remarked: “We cannot issue a writ of mandamus to demolish a building. We can direct the BMC to take action in accordance with law.” The BMC advocate assured the HC that will take necessary action within two weeks.
The court clarified that it has only considered the issue regarding the condition of the building. The issue raised by the union on behalf of the employees was kept open. “Other prayers made in this petition and the rights of the petitioner and the interveners are kept open,” added the court.
What IIT-B report stated
The Prince Aly Khan Hospital, Mazgaon, Mumbai was visually inspected and tested by non-destructive means. Based on the visual and NDT results, the following observations and conclusions are made:
The building has lived its economic life with many of the structural members (columns, beams, slabs etc.) showing severe signs of distress due to ageing and extensive corrosion of steel reinforcement, leading to a decrease in the steel cross-section, seepage and leakage.
The concrete in most of the structural members has poor structural integrity and the reinforcements have high probability for corrosion.
The building has already gone through several cycles of repairs and any kind of structural repairs are neither logical nor economically viable. Repair will still not make it habitable under seismic conditions.
The building can be considered in Cl category (vacate and pull down the building) as per the Proforma-B of the MCGM.
