Dilapidated Prince Aly Khan hospital: Decision to raze hospital to be taken in two weeks

The HC was hearing the petition by the hospital management seeking directions to the BMC to demolish the structure after the civic body had failed to decide whether the structure was in a dilapidated condition and take action accordingly

Mumbai: The Bombay high court (HC) on Thursday directed the Brihanmumbai Municipal Corporation (BMC) to decide on the demolition of the 70-year-old Prince Aly Khan Hospital after an audit from IIT-Bombay found structural issues beyond repairs at the hospital and recommended it to be razed.

Mumbai, India - August 21, 2022: A general view of Prince Aly Khan Hospital building at Mazgaon, in Mumbai, India, on Sunday, August 21, 2022. (Photo by Satish Bate/ Hindustan Times) (Satish Bate/HT PHOTO)

After being asked to examine the report and take action as per law, the counsel for the civic authority submitted that action would be taken within two weeks.

The HC was hearing the petition by the hospital management seeking directions to the BMC to demolish the structure after the civic body had failed to decide whether the structure was in a dilapidated condition and take action accordingly.

The division bench of justice Nitin Jamdar and justice Guari Godse while hearing the petition filed by the hospital management was informed by senior counsel Rafiq Dada that the building had become dilapidated but the BMC had not taken any decision with regard to its demolition, hence they had approached the HC.

However, the bench declined from passing any orders and said that it was the BMC’s responsibility to take care of the issue.

The bench was then informed that the employees of the hospital were opposing the demolition because their employment would be at stake, however, the bench stated that the employees had no locus standi in the current petition as it was only for issuing directions to the BMC.

On perusal of the report by the IIT-B expert team which had been asked to conduct a structural audit of the building on October 3, the bench noted that the BMC should take note of the report and take a decision with regards to the structure based on it.

The report stated that the columns, beams and slabs made of reinforced concrete showed severe signs of distress due to ageing, extensive corrosion of steel reinforcement, seepage and leakage. The report stated that as the building had already undergone several cycles of repairs in the past and no practical repairs can be undertaken anymore it should be considered as a C-1 category and it recommended demolition of the building.

The bench noted in its order, “In light of the report that is now submitted it is open to the municipal corporation to examine the report and take action warranted in law qua building and consequences therein.” While disposing of the petition the bench referred to the employees who sought to intervene and said, “Their rights cannot be ascertained in this plea and they have to make substantive proceedings.”

The court also recorded the statement of the counsel for BMC which said that necessary decisions and action would be taken within two weeks.