In an interim relief to a super speciality hospital belonging to the Wockhardt Group in central Mumbai, the Bombay High Court has directed the Municipal Corporation of Greater Mumbai (MCGM) to grant the hospital Occupational Certificate (OC).
The grant of OC would be, however, subject to the final outcome of a petition filed by Adams Wyline Memorial Hospital Trust, the original lessee of the land in Mumbai Central, where the hospital is being constructed.
According to the petition, a lease had been executed in favour of Adams Wyline Memorial Hospital on June 12, 1935, for 999 years. The hospital that resulted from the trust was handed over to the Indian Red Cross Society (IRCS) in 1952.
The IRCS in 2006 entered into a Memorandum of Understanding with the Wockhardt Group for construction of the super speciality hospital.
According to the petition, the civic body made it clear that approval for the hospital would be subject to the petitioner giving an undertaking agreeing to execution of a fresh lease - bringing down the tenure from 999 years to 30 years.
The petition, while challenging this condition and terming it as unlawful, sought by way of interim relief a direction to the corporation to process its application seeking grant of OC.
"We consider it appropriate and proper to direct that the occupation certificate shall be processed in accordance with law without insisting upon the submission of a general draft undertaking," a division bench of Justices D Y Chandrachud and Amjad Sayed said in a recent order.
The court has, however, made it clear that the grant of OC is subject to final orders of the court. The bench has also issued notice to the Advocate General of Maharashtra and directed the government and civic body to file affidavits by June 25.
The court was informed that a hospital building has been constructed and medical and para medical staff and equipment have been procured.
