No relief for Peerbhoy in Saifee Hospital encroachment case

In a relief to Saifee Hospital and the Sir Adamjee Peerbhoy Sanatorium Trust, the Bombay High Court has refused to grant any relief to Ali Akbar Adamjee Peerbhoy, grandson of philanthropist Adamjee Peerbhoy. He had sought directions from the Brihanmumbai Municipal Corporation (BMC) to act against the hospital for allegedly encroaching on a land reserved for a graveyard, and allowing the hospital to demarcate and reserve the plot of land for the same purpose, at Charni road.

A division bench of Chief Justice Manjula Chellur and Justice M S Sonak, has asked Peerbhoy to approach the court by filing a civil suit before the appropriate bench for seeking relief. Advocate Trupti Puranik appearing for the corporation said the relief sought for carrying out a survey of the plot of land and allowing the petitioner to carry out fencing, the court said cannot be granted in writ jurisdiction but only by way of a suit.

The plea said that the Peerbhoy family had donated the land to set up the hospital. Later, they learnt that the hospital had encroached upon the graveyard, the corporation had even demolished the said illegal structure. Senior Advocate Rafiq Dada appearing for the trust and the hospital informed the court that the alleged disputed area is given on lease and no commercial exploitation would be done on it.

WHAT'S THE PLEA

The plea said that the Peerbhoy family had donated the land to set up the hospital. Later, they learnt that the hospital had encroached upon the graveyard.