HC stays razing of ‘unauthorised’ structure let out to cancer patients | Mumbai News

Mumbai: In an interim order, the Bombay High Court restrained the Brihanmumbai Municpal Corporation (BMC) from demolishing an allegedly unauthorised construction in Kalachowki, Parel, which has rooms let out to cancer patients who come to Mumbai for treatment at Tata Memorial Hospital.
“Till the next date of hearing on Feb 24, the corporation shall not take any action regarding demolition,” directed Justice Gauri Godse on Wed, Feb 5, on an appeal by Binoy Gupta, who runs Om Sai Cancer Residence, a ground plus one floor structure on nearly 4,600 sq ft area at Abhudayanagar.

He challenged the City Civil Court’s Feb 4 order that refused to stay the demolition.
On March 14, 2024, BMC’s F South ward issued a show cause notice for demolition to Gupta for unauthorised construction of 62 rooms, 10 toilets, 10 bathrooms, a kitchen, and an office. On April 30, 2024, BMC passed the demolition order. Gupta then filed a suit in the lower court challenging the order but was not granted interim relief of a stay.
The HC also declined to stay the lower court’s order. On Jan 28, BMC issued Gupta a fresh demolition notice. On Feb 4, the trial court dismissed Gupta’s application refusing to stay the demolition. He moved HC on Feb 5 for an urgent hearing as BMC scheduled the demolition on Feb 6.
Gupta’s appeal in HC stated the premises belonged to BMC and existed prior to 1960. By way of an agreement with the previous tenant of BMC, his wife started occupying it from Jan 1, 1995, until her demise in Sept 2019. In Feb 2021, BMC sanctioned the transfer of tenancy to him. Gupta’s application also stated it was a commercial premises until Covid-19.
It informed that patients who visit Tata Hospital and are unable to afford accommodation in Mumbai and reside on the footpaths nearby. “…many poor cancer patients have used this facility of residence at the suit premises until their treatment of cancer is ongoing in the hospital.” Also, “this service of accommodation is being run by the applicant on a charitable basis… as a service to humanity on humanitarian grounds.”
BMC had told the trial court that Gupta did not submit any permission issued by it for the structure. The structure is not reflected in any of its plans, and there is no documentary evidence showing its existence prior to April 1, 1962, the datum line for tolerating commercial structures. To Justice Godse’s query whether BMC was planning to demolish the structure, BMC’s advocate confirmed it. When told by Gupta’s advocates Aniesh Jadhav and Rushikesh Kekane that the trial court’s order was not yet uploaded, she permitted them to amend the petition to annex it.