The Bombay High Court recently admitting a writ petition by the residents of the area. The petition charged that the Brihanmumbai Municipal Corporation (BMC) has granted the hospital extra floor space index (FSI) arbitrarily; it violated the Development Plan and it has an approach road so narrow that fire engines cannot reach the building in case of a fire.

Poonamchand Ratilal Doshi, who filed the petition on behalf of the residents in the neighbourhood, sought a stay on additional construction of the building and demolition of the construction already carried out by the hospital authorities.

The hospital plot, admeasuring 1,044.65 square metres was partly occupied by the Kumar Recreation Club built two years ago. In the existing structure while the club occupies only a small section, the rest of the ground plus two floor space is occupied by a diagnostic research centre. Recently, the BMC granted permission to construct three additional floors. The BMC granted the extra FSI on January 23, 1997 and had passed a resolution on December 9, 1968 permitting the construction of the club only on an area admeasuring 423 square yards.

The petition said a full-fledged hospital in an already congested residential area including three schools will create nuisance. He has also blamed the hospital for the illegal felling of trees in the open plot. The hospital has not made any provision to dispose off tonnes of waste it generated every day posing a serious health hazard to the lives of the residents, Doshi maintained.

The residents have also questioned the construction of a hospital only 100 metres away from Lokmanya Tilak General Hospital, one of the biggest public hospitals in Mumbai.

Anil Vagal, an architect who was appointed by the petitioners to inspect the site stated in his report that the change of the hospital's user status was not in accordance with the Development Control rules and the Development Plan adding that a section of the plot now being developed by the hospital was illegal.

``The inspection of the site also made it clear that there were two temporary structures constructed on the balance recreation ground, for use as a medical store and an office. These structures are a clear encroachment on the recreation ground,'' he concluded.

In May 1997, the residents in the neighbourhood noticed construction activity on two additional floors to the hospital and in the open space meant to be reserved for the park. All trees on the park were also cut down without permission.

Later, the hospital authorities installed a gate at the park's entrance denying the residents access to the park. Following persistent enquiries, the residents found out that the BMC had granted permission (November 8, 1995) for minor modifications in the development plan by changing the user status of the plot from ``existing recreation ground'' to ``existing recreation ground and medical facility.''