The Bombay High Court, on Monday, has restrained the eviction of the Cancer Aid Research Foundation in Byculla, which occupy five classrooms of a BMC school.
The NGO, which provides medicines and counselling for cancer patients, was served eviction notices in 2015 and in April, 2018, wherein the Brihanmumbai Municipal Corporation had asked it to vacate.
A division bench, comprising of Justice Abhay Oka and Justice Riyaz Chagla, sai, "The corporation cannot arbitrarily ask the organisation to evic the premises. It will have to follow due procedure as laid down under the Municipal Corporation Act."
Advocate O A Pechkar, appearing for the foundation, argued, "The civic body notice is completely illegal as the school which houses the foundation office has only 180 students. There are other rooms available and the corporation can use them for educational purpose if they want."
The plea, filed by the NGO, said the rooms were given to them on a leave and license agreement since 2003. In December 2017, the High Court had asked the BMC to reconsider the issue. Subsequently, the NGO had filed a representation before the civic body. However, no decision was taken and a fresh notice was issued.
According to the bench, "BMC was asked to reconsider the issue so that the corporation could take a liberal view. The petitioner is not doing any profiteering business in those five rooms."