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Andheri hospital moves court against Brihanmumbai Municipal Corporation

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After being asked to evacuate a hospital in Andheri over alleged violations, the Brahmakumaris Trust has moved court against the civic body. A writ petition was filed by the trust on Friday in the Bombay high court seeking a stay on the termination notice served by the Brihanmumbai Municipal Corporation (BMC).

The BMC has served a termination notice to the trust, which manages the BSES Municipal General Hospital under a tripartite agreement since 2002. The land on which the hospital stands belongs to the BMC. Bombay Suburban Electric Supply (BSES) had donated Rs6.5 crore toward building the hospital structure. BMC had handed over the hospital operations to the trust under the tripartite agreement.

The notice dated July 5, 2014, had stated that the 120-bedded hospital should be vacated within two weeks as the BMC plans to shut it down over alleged violation of structural norms and denial of services to poor patients.

Before the expiry of the two weeks notice, the trust has moved the court. The hospital authorities said that the BMC had served them a notice on frivolous grounds and are positive that the court may grant them a stay order. "The hearing is scheduled for Monday. We have filed a writ petition to grant a stay order against evacuation as this abrupt move will affect the livelihood of 500 staffers and their families," said Dr Ashok Mehta, medical director, Brahmakumaris' Global Hospital that manages BSES MG Hospital.

In a letter dated July 11, 2014, the trust which is managing the hospital since 2002, has appealed for a personal hearing with the BMC.

In it's defense, the hospital stated that it treats 200 patients every day of which 160 in-house and outpatient department patients are treated for free as per the charity commissioner's requirements. "Termination of contract would mean hitting of services to poor patients in the western suburbs. As per clause 27 of the tripartite agreement, we have sought for a personal hearing at the BMC, a date for which we has not been given," said Dr Mehta. "We have conducted 100 kidney transplants till date and also performed close to 4,000 facial correction surgeries for children born with deformities at subsidised costs or even for free."

The hospital which is supposed to run akin to a peripheral BMC hospital has upgraded itself to a tertiary care centre. It has four major operation theaters, 33 ICU beds, 10-bedded kidney dialysis unit, CT scan and mammography facilities. Surgeries for cancer, joint replacements, spine, cleft lip & palate and facial deformities, bariatric surgery, minimally invasive gynecological surgery and cardiac surgeries are also performed, said doctors. "33% of beds with all these facilities are reserved for poor patients and facilities are provided free," said Dr Mehta.

The authorities stated that they will co-operate in every possible manner with the BMC.

"We have fixed assets worth over Rs25 crore, which includes medical equipment, furniture and fixture, office equipments, electrical fittings, etc, have been created with donations and ploughing back the surplus generated. We have shared all the paperwork with BMC and are awaiting the court's verdict," said Dr Mehta.

BMC's allegations -
In the letter issued by the BMC to the hospital it reads the unauthorised alterations had been carried out in the building to which the chief fire officer has strongly objected and that passages of the staircases have been blocked posing a threat of fire hazard. It further adds, raising the height of the building up to seven floors amount to FSI violations. Further, audited accounts have not been submitted to the BMC, it alleged.

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