The Bombay High Court has said it was anxious to avoid a situation where encroachments inside the King George V Memorial Hospital in central Mumbai increases so much that in future the entire facility may have to be converted into a slum scheme.
The court said this was the last thing that the city needed.
A division bench of Justices Gautam Patel and Kamal Khata on Wednesday (December 6) sought to know from the Municipal Corporation of Greater Mumbai (MCGM), also known as BMC, if there are any unauthorised or illegal encroachments in the hospital’s compound in central Mumbai.
The bench also granted an interim stay on the notices issued to the hospital, run by a charitable trust, against the erection of protective fencing to keep out illegal encroachments.
The notices were issued in December 2021 and March 2022 directing removal of the fences raised by the hospital trust on certain portions of its compound.
The court noted that encroachments run to a pattern and follow a trajectory.
“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,” the court said.
“That is absolutely the last thing that this city needs,” the bench said.
The court directed the municipal corporation to file its affidavit detailing what it found on the hospital premises as both the notices mention that a site inspection was carried out.
“In other words, we would very much like to know whether the civic body noted any unauthorized constructions or occupancies in the open spaces or only saw the mild steel fence in respect of which it has issued a notice,” the court said.
The petitioner hospital trust in its plea said it was necessary to put up the fences as over time large portions of the trust and hospital land were illegally encroached upon.
As per the plea, there are open spaces within the compound of the hospital which are now encroached upon by illegal occupants and trespassers. This compromises the safety and security of the hospital staff and patients, the petition said.
Advocate Dinesh Purandare, appearing for the hospital trust, told the court that the civic body ironically is showing much enthusiasm and alacrity to remove the protective fence but is conspicuously missing with regard to trespassers encroaching on the hospital land.
The bench agreed with this and noted that other than erecting protective fencing, nothing further is being done by the petitioner trust.
The court posted the matter for further hearing on February 15, 2024.
