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Court pulls up BMC for misusing TB patients’ plot

Bombay high court directed BMC and a private developer to file an affidavit explaining why the civic body should extend the lease agreement for temporary transit camps.

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The Bombay high court on Monday directed the Brihanmumbai Municipal Corporation (BMC) and a private developer to file an affidavit explaining why the civic body should extend the lease agreement for temporary transit camps on a plot at Naigaum.

The plot, known as ‘Bahadurjee blocks’, was donated by Parsee donors exclusively for TB patients.

Private builder Omkar Realtors and Developers Private Limited has approached the civic body to extend its lease which expires on March 31.

Kshay Va HIV Rugna Punarvasan Sanstha — a private organisation — has moved court, seeking direction not to extend the lease. Its petition states that it is dedicated to the cause of tuberculosis and HIV, and thus would want the plot to be used for patients.

In 1988, the then municipal councillor Annie Shekhar moved the high court, challenging the BMC’s decision to use the plot for any other purpose. The high court had passed a favourable order. However in 2007, the civic body sought the plot for setting up temporary transit camps which was allowed in 2008.

The agreement between Omkar Developers and BMC expired on March 31, 2011, and was renewed for a year. The petition states that the lease should not be extended and the plot used for the betterment of TB and HIV patients.

“The civic body should not allow the plot meant for patients to be given for transit camps. Will you give away high court premises also for transit camps?” said the division bench of justice PB Majmudar and justice RD Dhanuka.

The bench has adjourned the hearing until April 12 and directed the respondents to file their replies.

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