MUMBAI: In a first such challenge to a civic requisition of a private building in south Mumbai for quarantining persons who come into contact with Covid-19 patients,
Bombay HC on Monday directed BMC to state what the duration of such requisition would be. It sought an affidavit from BMC special counsel Anil Sakhare and observed that the patients who would be placed in quarantine in it not claim rights to the property.
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DB Realty group company, Neelkamal Realty Tower Pvt Ltd challenged a civic move to requisition its rehabilitation building with 240-odd tenements for Covid patients. The building is called Rangwala compound in Byculla.
Justice B P Colabawalla on Monday heard the matter via video-conference proceedings where civic counsel sought time to file a reply.
The petitioner represented by
Negandhi Shah and
Himayatullah challenged the requisitioning power for private buildings. The immediate challenge was to a notice pasted by BMC on the site on April 25. The developer’s counsel Girish Godbole pointed out that until the old tenants are shifted into the rehabilitaion building, their rents have to be paid by the builder. The building is ready and awaits Occupancy Certificate (OC).
The notice by BMC was addressed to developer, DB Realty, D B House, Goregaon with subject line:Requisitioning of private building in Byculla, known as Rangwalla Compound. It said the state has invoked powers under the Epidemic Act and empowered the BMC chief to take measures to tackle and prevent outbreak of Covid-19. The BMC will file its affidavit by May 11 when the matter will next be heard.