Mumbai: The Bombay High Court has issued an interim order preventing the Brihanmumbai Municipal Corporation (BMC) from demolishing an allegedly unauthorized building in Kalachowki, Parel. This building, Om Sai Cancer Residence, provides accommodation to cancer patients who come to Mumbai for treatment at Tata Memorial Hospital.
The court’s ruling came on February 5, in response to an appeal filed by Binoy Gupta, who operates the cancer residence. Gupta challenged the City Civil Court’s order from February 4, which had denied his plea for a stay on the demolition of the structure.
Background of the Case
The BMC’s F South Ward issued a show cause notice on March 14, 2024, alleging that the building had been constructed without permission. The notice cited the structure, consisting of 62 rooms, 10 toilets, 10 bathrooms, a kitchen, and an office, as unauthorized. Subsequently, BMC passed a demolition order on April 30, 2024. However, Gupta contested the decision in court, arguing that the building was previously part of the BMC’s property.
Gupta’s Appeal
Gupta argued that the structure had been in existence prior to 1960, and his wife had been occupying it under a tenancy agreement since January 1, 1995, until her passing in September 2019. In February 2021, BMC sanctioned the transfer of the tenancy to him. Gupta also stated that the building was used for commercial purposes until the Covid-19 pandemic, after which he began offering the accommodation to cancer patients on a charitable basis.
He emphasized that many of the cancer patients who stay in the facility cannot afford accommodation elsewhere in Mumbai, and many resort to sleeping on footpaths near the hospital. Gupta described the service as a humanitarian initiative, providing free housing to patients undergoing treatment.
BMC’s Argument
The BMC countered that Gupta had not obtained permission for the structure and it was not reflected in any of its plans. According to the BMC, the building did not exist before the critical April 1, 1962 deadline, which is the cut-off date for recognizing commercial structures without proper approvals.
Court’s Interim Order
Justice Gauri Godse, while considering Gupta’s appeal, directed that the BMC should not take any action regarding the demolition until the next date of hearing, which is February 24. Gupta’s advocates informed the court that the trial court’s order had not been uploaded yet, and the court allowed them to amend their petition accordingly.
This interim order provides temporary relief to the residents of Om Sai Cancer Residence, many of whom depend on it for affordable accommodation during their cancer treatment.
