BMC on Tuesday told the Bombay high court that it has withdrawn its order requisitioning privately constructed buildings in redevelopment projects as Covid-19 quarantine facilities.
The HC had rapped the BMC saying its order was prima facie “absolutely unjust and unfair’ because original tenants were still waiting in “pathetic circumstances’’ for new homes.
BMC was planning to use the Sea Green Building at Worli and Sahyog Homes’ 22-storey SRA building in Andheri West as quarantine facilities. BMC said the Andheri building was locked and not made habitable and the Worli building was no longer required “due to availability of tenements in buildings constructed by Mhada at Lower Parel.” However, requisition of Rangwala Compound with 240-odd tenements in Byculla, constructed by Neelkamal Realty Tower, continued as BMC had already set up a 1,000-bed quarantine facility and it was occupied by 940 people.
The high court bench on Tuesday asked BMC to consider if the original tenants could be paid transit rent.
Neelkamal Realty, a DB Realty group company, was the first to challenge requisition of its private building. The BMC said it was decided in larger public interest that even buildings without an occupancy certificate (OC) could be used, if otherwise habitable, for quarantine facilities, given the sheer number of Covid-9 cases in the city. The Byculla building is yet to be issued an OC.
On June 10, the BMC wrote to Neelkamal that it would pay a compensation of Rs 25 lakh per month and if the HC permits, it could be paid to allottees in transit tenements to repair their existing accommodation.
The BMC, represented by senior counsels Aspi Chinoy, Anil Sakhare and advocate Joel Carlos, said in an affidavit the requisition was made under the Epidemic Act. The Disaster Management Act also provides for such requisitions, they said. The BMC pointed to a shortage of quarantine facilities in the “densely populated’’ E ward and said the building near Kasturba Hospital was taken over as quarantine quarters in public health interest.
The HC will hear the issue of OC not being issued to Sea Green building on Friday, said its counsel Karl Tamboly and Malcolm Siganporia.