The Bombay High Court today ordered the Mumbai Metropolitan Region Development Authority (MMRDA) to maintain ‘status quo’ and not demolish the over 50-year-old Sarvodaya Hospital to make way for a Metro link, till further orders.
The court has adjourned the matter to May 5 for a reply from the government and MMRDA, and directed MMRDA to consider the representations made by the petitioners for compensation. The property is valued at around Rs 100 crore.
The over 50-year-old Mumbai-based Maganlal Popatlal Charity & Sarvodaya Hospital Trust recently filed a writ petition in the Bombay High Court against the State of Maharashtra's move to acquire around 80,000 square feet of its hospital land to let the Metro (Phase-I) line pass through that land.
The acquisition notices, the petition stated, were arbitrary, malafide, ultra vires of the statutes concerned and violated the right of the petitioners. “In fact, (the Metro) is not necessary ...which means the said Versova Andheri-Ghatkopar Metro Line can be made by setting up the same underground and not over the road as envisaged ...Metros are made underground like subways with advanced technology..,” added the petition.
The hospital trust has sought alternative land and Transferable Development Rights (TDR) in lieu of the land and existing structures to be acquired by MMRDA.
The petitioners run the well-known Sarvodaya Hospital catering to the health needs of the eastern suburbs of Mumbai, giving affordable and free medical treatment to middle-class and poor families as well as run a school with multi-religious places of worship in the hospital complex.
The Trust was established in 1954 and 8 acres land was purchased for hospital and educational activities. The buildings were constructed thereafter.
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The MMRDA, meanwhile, had commenced proceedings to acquire land for the Versova- Andheri Ghatkopar Metro Rail Project (VAGMRP) and for the Andheri- Ghatkopar Link Road (AGLR). Despite several representations to the MMRDA and the state government, the petition alleged, did not pay heed to giving adequate compensation for alternative land and for TDR and monetary compensation.
Representations were also made for realignment of the VAGMRP corridor so that the metro-rail would bypass the Hospital land and building.
The matter was heard before their Justice P B Majmudar and Justice R M Sawant. Milind Sathe, Senior Advocate appeared along with Haresh G Ganatra and Meenaz Merchant, Advocates for the Petitioners.