Bombay HC opposes BMC's requisitioning of SRA buildings for Covid-19 isolation facility

Bombay High Court on Friday said that the Brihanmumbai Municipal Corporation’s (BMC’s) decision to requisition buildings constructed under the Slum Rehabilitation Authority (SRA) scheme for setting up temporary isolation facilities for coronavirus disease (Covid-19) patients was 'absolutely unjust and unfair'.

The High Court further said that BMC had taken the decision without 'scant consideration' on the plight of people who were awaiting allotment of the flats in these buildings.

READ | After being stuck for 74 days at airport, Mumbai's real life 'Terminal' man moves to hotel

The division bench comprising of Justice SJ Kathawalla and Justice SP Tavade was hearing petitions filed by developers and eligible allottees challenging a May 31 circular of the civic body under which it had started requisitioning vacant SRA buildings for setting up quarantine facilities.

The court ordered BMC to maintain status quo for two weeks and directed it to file a detailed affidavit by June 9 setting out particulars of houses or buildings requisitioned for isolation facilities along with their bed capacity and the number of individuals quarantined at these facilities. It also asked the petitioners to file a rejoinder to the same by June 12.

READ | 'No gas leak found at given locations, probe on by senior officers': Mumbai Fire Brigade

The advocates for the petitioners Nilesh Gala, Vivek Shukla and Karl Tamboly told the court they were forced to approach the high court as the BMC had not informed them of the duration and the amount it would pay to the developers as compensation for requisitioning the buildings.

READ | Residents of Mumbai’s eastern suburbs complain of gas leak, BMC says fire dept on spot

Hundreds of families handed over their original tenements to developers and started residing in transit camps or in other accommodation procured on leave and license basis as developers had agreed to pay for their temporary alternate accommodation, it said. As developers took several years to complete the redevelopment work and also stopped paying for temporary arrangements, due to financial constraints many of these families virtually landed on the streets.

The bench further stated that in view of these difficulties, the tenants in an individual capacity or through associations approached the courts and obtained necessary orders against developers or the civic body for ensuring immediate completion of redevelopment and restoration of roofs over their heads, which they had lost since the last several years. The court has posted further hearing on the case on June 16.

COVID-19 cases in Maharashtra

India's total COVID cases rise to 2,46,628 of which 1,20,406 are active.6,929 people have died thus far while 1,19,293 have recovered.

Maharashtra continues to be the worst affected state in the country with 82,968 cases after 2,739 people tested positive for Coronavirus on June 6, Saturday. There are 42,609 active cases at present. 37,390 patients recovered and were discharged and 2969 COVID-19 deaths were recorded. Apart from Maharashtra states like Tamil Nadu, Delhi, Gujarat and Rajasthan also recorded a large number of cases.
 

READ | Mumbai sees 1274 cases and 1181 recoveries in past 24 hours; city's tally stands at 47,128