High court paves the way for Mumbai’s first civic oncology centreUpdated: Oct 11, 2019 00:27 IST
The Bombay high court (HC) on Thursday paved the way for city’s first civic oncology centre, proposed to be developed at Rustomjee Colony in Dahisar.
The division bench of justice SC Dharmadhikari and justice GS Patel refused to entertain a petition filed by Meeti Investment and Consultancy Services, which was running a multi-specialty centre in the civic hospital building where the civic oncology centre will be developed.
The firm approached HC after the civic body, on September 3, issued a notice asking it to vacate the civic premises within seven days for purported breach of terms of the agreement that it had signed with the Brihanmumbai Municipal Corporation (BMC).
The firm’s counsel, advocate Sanjeev Kadam, submitted that Meeti Investment and Consultancy Services was given the civic premises on a nominal rent of ₹1 per year.
Kadam further submitted that when the property was handed over to them, the building did not have water or power supply and the firm spent crores of rupees to develop the multi-speciality hospital in the premises and has, since then, spent ₹10 crore for running the hospital. He added that thousands of poor patients are being treated at the hospital.
However, advocate Joel Carlos, who represented the civic body, pointed out that the multi-specialty hospital has been non-functional for the past four years. Carlos informed the court that the civic building is currently being used for certain sections of Rajawadi Hospital located at Ghatkopar, which is undergoing renovation, and once the revamp work is complete, the municipal corporation will develop its oncology centre there.
After hearing both sides, the bench refused to entertain the petition on the ground that the agreement between the consultancy firm and the municipal corporation was merely a license to run the hospital in civic premises and it did not create any right, title or interest of the petitioner in the property.
“It’s a public property, you cannot stake any claim over it,” the bench told Kadam. The lawyer then sought some time to vacate the building and remove the hospital’s equipment. The bench, however, refused to entertain the plea.
The court also refused to consider the firm’s plea for refunding the amount it had paid to the civic body, stating that the petitioner was an investment and consultancy firm and ran the hospital for their commercial interests.
First Published: Oct 11, 2019 00:27 IST