2024:BHC-AS:4153-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 24 OF 2022

1. Association for Protection of Civil Rights (APCR)

District Thane, a chapter of the (APCR), a Society registered Under the provisions of the Societies Registration Act, 1860 Having its address at C/o Shop No.5, Bhagyashree Villa, Ground Floor, Nr. Dudhnaka, Kalyan (W), 421 301 Dist. Thane Through it’s District President Niyaz Ahmed Shaikh, Advocate.

2. Abuzaid Javed Iraqui Age about 36 years, Occu: Advocate Having address at Dost Apartment, B-Bldg., C-Wing, Flat No.29/30, Kausa-Mumbra, Thane 400 612.

3. Abdul Jabbar Momin Age about 29 years, Occ: Advocate Having address at Shop No.5, Panna Apt. Hira Panna CHS Ltd., Mumbra Market, Mumbra, Thane 400 612.

4. Mr. Hanif Dawood Kamdar Age about 55 years, Occu: Business

2^nd Floor, R.No.205, Mazhar Mansion, Behind Ameenabad Chawl, Chandnagar, Kausa-Mumbra, Dist. Thane 400 612. .. Petitioners Versus

1. The Municipal Commissioner The Municipal Corporation of the City of Thane, Panchpakhadi, Thane (West) 400 601.

2. The State of Maharashtra Through Deputy Secretary, Ministry of Urban Development Department, Mantralaya, Mumbai 400 032.

3. M/s. Shayona Corporation

3/14 Ruchi Apartment, Simpoli Road, Chikoowadi, Borivali (W), Mumbai 400 092.

4. The City Engineer (Civil Works Department), The Municipal Corporation of the City of Thane, Panchpakhadi, Thane (West) 400 601.

5. The Chief Accounts Officer The Municipal Corporation of the City of Thane, Panchpakhadi, Thane (West) 400 601. ..Respondents Mr. Yusuf Mucchala, Senior Advocate with Mr. Karim Pathan, Ms. Rashda Ainapore, Mr. Arbaaz Shaikh, Fazal Shaikh and Mr. Shane I. for the Petitioners.

Mr. Ram Apte, Senior Advocate i/by Mr. N. R. Bubna for Respondent No.1 (Thane Municipal Corporation).

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Govt. Pleader and Mrs. R. A. Salunkhe, AGP for Respondent No.2.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &

ARIF S. DOCTOR, J.

RESERVED ON : 16^th JANUARY, 2024 PRONOUNCED ON : 29^th JANUARY, 2024 JUDGMENT [PER CHIEF JUSTICE]:

1. Heard learned Counsel representing the parties and perused the records available before us on this Public Interest Litigation Petition (PIL Petition).

2. This PIL Petition seeks interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India with a prayer to issue appropriate directions to the Respondents to ensure completion of a hospital in Kausa- Mumbra locality falling within the municipal limits of the Municipal Corporation of Thane (hereinafter referred to as the Corporation). A prayer has also been made to issue a direction to institute an inquiry into the causes of delay in completing the said hospital project and further into the alleged excess expenditure incurred by the Corporation in the said project and to take requisite action against the Officers responsible for such excess expenditure, which according to the Petitioners, appears to have been incurred without the sanction of law.

3. Having regard to the causes sought to be espoused in this PIL Petition, we shall, first take up the issue surrounding non-completion of the hospital project and the steps which are required to be taken by the Respondents to make it functional so as to cater the public health care needs of the population living in the Kausa-Mumbra locality.

4. A study conducted by the Tata Institute of Social Sciences (hereinafter referred to as the TISS) in the year 2014 into the health conditions of the citizen living in Kausa- Mumbra highlights the urban paradox wherein on one hand, it has areas that reflect economic prosperity while, on the other, it has areas that are characterized by sub-standard housing and non-availability of amenities to serve basic human needs which is detrimental to the well-being of the inhabitants. The study further highlights that urban slum residents of the area exhibit poorer health characteristics