Razing site providing food, shelter to patients arbitrary, says HC; slaps Rs 2 lakh cost on BMC
Mumbai, Apr 9 (PTI): The Bombay High Court has imposed a cost of Rs 2 lakh on the Mumbai civic body for its "high-handed and arbitrary" action in demolishing a structure run by a charitable firm to provide food and shelter to cancer patients getting treated at Tata Memorial Hospital (TMH).
Justice Gauri Godse, in an order of April 4 made available on Wednesday, noted the Brihanmumbai Municipal Corporation (BMC) carried out the demolition "in unholy haste" without following due process and without any intimation to the occupier of the structure.
The bench, while pulling up corporation officers for showing a complete lack of sensitivity while proceeding with the demolition, imposed a cost of Rs 2 lakh on the BMC to be paid to the plaintiff within four weeks.
It was hearing a plea filed by the charitable firm against the BMC action.
The structure, situated on a plot adjacent to TMH, a premier institution in the Parel area engaged in education, research and comprehensive care of cancer patients located, was dismantled on January 4.
The court, while noting that an irreparable loss has been caused to the plaintiff, M/s Mehta & Co, directed the civic body to provide the firm a temporary alternate accommodation equivalent to the area of the demolished structure (1,319 sq ft) in the same vicinity.
"The corporation's officers have shown a complete lack of sensitivity while proceeding with the demolition of the structure which the plaintiff used for providing food and shelter to cancer patients undergoing treatment at Tata Memorial Hospital," the HC maintained.
"In a city like Mumbai, it is very difficult to get temporary shelter. Thus, I have no doubt in holding that the action of demolition has not only deprived the plaintiff of his rights, but also deprived cancer patients of their right to temporary shelter at the time of taking treatment," Justice Godse remarked.
The court noted that while it is the fundamental duty of every citizen to follow and abide by laws, the same rule applies to corporation officers too.
The HC said not granting any relief in such a rare and exceptional case would amount to putting a premium on the high-handedness and arbitrary action of the civic body's officers.
"Unholy haste shown on behalf of corporation officers to demolish the structure without any intimation, and on the day when the plaintiff was to pray for interim relief before a civil court, smacks of malafides and arbitrariness," the HC observed.
The court said this was an absolutely unfortunate case where the plaintiff's structure was "high-handedly and illegally" demolished by officers of the BMC under the garb of implementation of a redevelopment scheme.
The bench noted the plaintiff was occupying the demolished structure to provide charitable services of food and shelter to the poor and needy cancer patients receiving treatment at the hospital.
As per the petition filed by the plaintiff, the structure was pulled down even as the petitioner's plea against the demolition was pending before a civil court.
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Punjab: Blast near army cantt area in Amritsar, hours after explosion in Jalandhar
Chandigarh (PTI): An explosion occurred near the army cantonment area in Khasa late Tuesday night in Punjab's Amritsar, the second such incident which took place around three hours after a blast outside the headquarters of the Border Security Force's Punjab Frontier in Jalandhar.
According to the police, an investigation into both blast incidents is currently underway, and no injuries have been reported.
The first explosion happened around 8 pm in Jalandhar, while the second blast occurred at approximately 11 pm in Amritsar.
Amritsar (Rural) Senior Superintendent of Police Suhail Mir Qasim stated that police received reports of a loud sound at around 11 pm on a road in Khasa. "Our teams arrived on the scene immediately," he said.
Preliminary inspections indicated that someone had thrown an explosive device towards the boundary wall, leading to the explosion, according to the SSP.
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Police mentioned that a piece of a tin sheet covering the boundary wall had fallen as a result of the blast.
Following the explosion, a team of forensic and bomb disposal squad visited the site to collect samples.
Amritsar Rural Superintendent of Police Aditya S. Warrier, who also visited the scene, confirmed that further investigations are ongoing. Police added that a team of army officials also assessed the situation, after which the area was cordoned off.
CCTV footage from the vicinity shows the explosion occurring at night. A local villager reported that his family was awakened by the loud sound and came outside their home to see what had happened.
Before the Amritsar explosion, a blast took place outside the headquarters of the Border Security Force's Punjab Frontier in Jalandhar district around 8 pm on Tuesday, causing panic in the area.
CCTV footage captured the explosion, which resulted in a cloud of smoke. An unidentified man was seen running for cover following the blast.
The blast ripped apart a scooter, damaged a traffic signal pole and windowpanes of a nearby shop. Locals recounted that the scooter, which was parked outside the BSF headquarters, Punjab Frontier, caught fire shortly after a loud sound. It belonged to Gurpreet Singh, who regularly delivers parcels in the area.
Talking to reporters on Tuesday night, one of Gurpreet's relatives said that the scooter caught fire as he was approaching it. He immediately called his father and informed him about the incident.
Jalandhar Police Commissioner Dhanpreet Kaur confirmed to reporters late Tuesday that an Activa scooter parked near the gate caught fire suddenly. She stated that Gurpreet is fully cooperating with the investigation.
Witnesses nearby reported hearing a loud sound following the explosion.
On April 27, an explosion occurred at a freight corridor rail track in Shambhu in Patiala. Police had arrested four members of a pro-Khalistan terror module, backed by Pakistan's ISI, for the blast.
In light of these incidents, opposition parties have condemned the AAP government for its handling of the situation.
Shiromani Akali Dal (SAD) President Sukhbir Singh Badal criticised Chief Minister Bhagwant Mann, who also holds the home portfolio, over the recent blasts.
"Three blasts in 10 days, two in a single day, May 5: Jalandhar outside BSF headquarters and Sri Amritsar Sahib Army area, April 27: Rajpura rail track. Continued intelligence failures and the collapse of law and order are a matter of grave concern. Chief Minister @BhagwantMann, who is also the state Home Minister, is busy with mimicry and cheap politics. He has forfeited the right to remain in office," Badal said in a post on X.
Punjab Congress chief Amrinder Singh Raja Warring also slammed the Mann government over the two blasts.
"Back-to-back blasts have shaken Punjab. Yesterday in Jalandhar, and now near Khasa Camp in Amritsar, this is deeply alarming. Who is trying to destabilise our state? Why has the Punjab Government failed to prevent such incidents? What is the Government of India doing? Repeated lapses point to a serious breakdown of intelligence and security. Punjab's peace cannot be compromised. We demand accountability and immediate action," Warring said in a post on X.
