The Indian Institute of Technology IIT-Bombay (IIT-B), has recommended the demolition of the Prince Aly Khan Hospital in Mazgaon in its report submitted before Bombay High Court.
“It recommends demolition,” Justice Nitin Jamdar said on going through the report submitted in a sealed cover before a division bench of Justices Jamdar and Gauri Godse on Tuesday.
The high court had, on October 3, requested IIT-B to carry out a structural audit of the hospital building and submit a report in a sealed envelope whether or not the structure is dilapidated and will fall under BMC’s category of dangerous buildings.
The court passed the direction while hearing a petition filed by the hospital and three of its trustees in August seeking that the Brihanmumbai Municipal Corporation (BMC) gets a private audit report.
The hospital was allowed to shut its main building and carry on out-patient department services and other nonsurgical procedures in an ancillary building.
Earlier, in September, the BMC had submitted a report stating that its officer visited the hospital and observed that “the building is found maintained well but needs repairs”. However, it is difficult to ascertain the exact condition of the building on the basis of inspection with the naked eye.
Looking at the “rival contentions”, the high court requested the director of the IIT-B to depute a senior structural auditor for carrying out the audit. During the hearing, counsel for the petitioners, Rafiq Dada, said, “Our petition has worked out.” Advocates Himanshu Kode and Anjali Purav, appearing for the employees’ unions, expressed concern about the fate of the employees.
However, the judges said the employees had no stand to be heard in the hospital’s petition as it was not a labour dispute. The judges also noted that the earlier bench that heard the matter had said it was not a labour dispute.
“If a building is in a critical condition, it has to be pulled down. That is the only concern,” said Justice Jamdar.
The bench, however, said the unions and beneficiaries may initiate separate proceedings to pursue their rights and seek remedies in accordance with law. The high court has listed the matter for hearing on December 16.
