Bombay High Court seeks BMC's response on nursing home encroaching building land

Following a petition filed by Mahim-based residents of Vayu Cooperative Housing Society, the Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) whether a nursing home running inside the residential building has encroached the open area and whether the nursing home can be granted sanction to operate inside a residential building.

A division bench of Acting Chief Justice Naresh Patil and Justice Girish Kulkarni was hearing the petition.

Senior advocate, Venkatesh Dhond, appearing for the society, argued that as per the Development Control Rule 53 (iii), a nursing home is allowed in an independent residential building or an independent part of a building that has separate entry/exit areas.

According to the petition, there are two wings and the sanctioned plan by the corporation mentions that the B Wing of the composite building is a rehab component in which Dr Alka Kumar was allotted two consulting rooms on the ground floor and a nursing home on the first floor. However, the residents found that the west-side compound is being encroached upon by the doctor and collapsible grills have been installed.

On further inquiry, the residents of the society learnt that the doctor is planning to construct a brick wall to permanently block access to the nursing home from the west side.

The plea also states that the corporation has illegally sanctioned permission for running the nursing home inside residential building. Counsel for the nursing home, though, opposed the plea saying that the entrance — which is being used by the nursing home — is a separate entrance and not used by the residents, and thus no relief should be granted.

The advocate for the corporation sought time to reply and assess if a previous judgment of the high court in a similar case would be applicable. The counsel informed that no action was taken as the doctor had moved an application for regularisation of the structures.

The plea seeks directions to the corporation to remove the illegal encroachment carried out by the doctor for the nursing home in order to ensure that rules are followed by the civic body in granting any permission.

LAND & LEGALITIES

Senior advocate, Venkatesh Dhond, appearing for the Vayu Cooperative Housing Society, argued that as per the Development Control Rule 53 (iii), a nursing home is allowed in an independent residential building or an independent part of a building that has separate entry/exit areas