Using Mahul buildings as quarantine centres: Will consider Mumbai civic body’s plea when need arises, says HC

Mumbai The Bombay high court (HC) on Tuesday allowed the Brihanmumbai Municipal Corporation (BMC) to make preparations to use three buildings at a rehabilitation

Mumbai The Bombay high court (HC) on Tuesday allowed the Brihanmumbai Municipal Corporation (BMC) to make preparations to use three buildings at a rehabilitation colony in Mahul as quarantine centres for contacts of Covid-19 patients from M-West ward.

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The bench of chief justice Dipankar Datta and justice SS Shinde, however, said that it will consider the civic body’s plea for permission to use the three buildings as and when the actual need arises.

BMC identified three vacant buildings at Eversmile Complex in Mahul for accommodating 1,100 high risk and low risk contacts. However, acting on a public interest litigation (PIL), jointly filed by Sharda Tevar – mother of an under-trial prisoner lodged at Arthur Road jail – and a non-governmental organisation – Ghar Bachao Ghar Banao Andolan – the HC on May 15 restrained the civic body from using any building at Eversmile Complex to set up quarantine centres.

The order came after the petitioners pointed out that Mahul was an unsuitable location to quarantine Covid-19 suspects because of the presence of industrial pollutants, which can consequently lead to a variety of health issues, particularly severe respiratory problems. The PIL also stated that it will be counter-productive to quarantine Covid-19 patients at Mahul and defeat the very purpose of quarantining because of the toxic air quality of the locality.

The BMC later filed an application, seeking the modification of the order, to use three buildings at the rehabilitation colony for quarantine purposes.

Senior advocate Anil Sakhare, who represented the civic body, on Tuesday pointed out that the number of positive cases of coronavirus was likely to go up to about 3,000 in the M West ward, where Mahul is located, and the civic body might require to arrange a quarantine facility for an estimated 30,000 contacts of the patients. Sakhare also pointed out that the civic body will use the buildings only as the last resort, but it will require time to make the necessary preparations to make the quarantine centres.

The bench then clarified that BMC was free to make the preparations and can come back to the court for permission, as and when the actual need arises.

The counsel for the petitioners, advocate Ronita Bector, opposed the permission on the ground that three judicial forums declared the colony to be uninhabitable because of the high level of industrial pollution and the toxic air quality.

Judges told her that the permission for preparations can be denied only if the situation is such that it was not advisable to stay at Mahul even for a day. Hector asserted that the situation really required denying even the permission for making preparations, as the buildings had no ventilation and no sunlight. She also highlighted the fact that a few days ago, a gas leak was reported at Mahul.