The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to pay Rs 2 lakh in costs and provide alternative shelter to cancer patients after it illegally razed a structure offering food and accommodation to those undergoing treatment at Tata Memorial Hospital.
The structure, operated by a charitable trust adjacent to the hospital in Parel, had long served as a crucial support system for outstation cancer patients who struggle to find affordable and accessible lodging in Mumbai during prolonged treatment cycles. On January 4, without prior notice or adherence to legal procedure, BMC officials demolished the facility while a petition challenging the move was still pending in a civil court. Terming the action “absolutely unfortunate,” the High Court criticised the civic body’s conduct as “high-handed and arbitrary,” asserting that the demolition was executed in “unholy haste.” The presiding judge underscored the civic body’s complete disregard for due process, the occupier’s rights, and, most importantly, the critical services being rendered to some of the city’s most vulnerable citizens.
The court order, made available this week, stated that the demolition deprived not only the petitioner of rightful possession but also cancer patients of their access to temporary shelter — a fundamental necessity during intensive treatment. It further questioned the timing and intent behind the demolition, noting that it was carried out on the very day the charitable trust was scheduled to seek interim relief from a civil court. Highlighting the broader implications of such unilateral actions, the court observed that the civic body’s move smacked of malafide intent and could not be condoned under the pretext of redevelopment. In a city like Mumbai, where real estate pressures are immense and land scarcity is acute, facilities such as the one in question are more than just shelters — they are lifelines for patients who would otherwise be left destitute during their treatment.
Ordering that a temporary alternate accommodation of 1,319 square feet be provided in the same locality, the court reaffirmed that the rule of law is applicable equally to government agencies. It stressed that municipal officers are as bound by legal and constitutional norms as any ordinary citizen and must exercise their powers with caution, sensitivity, and legality. The civic body’s actions, the court remarked, not only violated principles of natural justice but also deeply eroded public confidence in institutional accountability. It called upon government bodies to work in tandem with the legal framework to enable inclusive urban growth — one that supports equitable access to healthcare, especially for marginalised and underprivileged sections of society.
This case brings into sharp focus the need for sustainable, inclusive urban planning and governance. Mumbai’s civic authorities, while working towards redevelopment and infrastructure growth, must ensure that those at the margins are not steamrolled by unchecked bureaucratic action. In a climate-conscious and equity-focused urban future, support systems like patient shelters play a pivotal role and cannot be treated as dispensable.
The High Court’s ruling sets an important precedent and a reminder that sustainable cities are not just about concrete and steel but about compassion, community, and care.
BMC Fined Rs 2 Lakh for Arbitrary Demolition of Tata Hospital Cancer Shelter
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