The Superintendent, Regional Mental Hospital, Thane v. Ms. Vrushali Kalal

Bombay HC3 Mar 2023CAI/59/2019

Case brief

AI extract

What is this about?

This court modified an interim order from a PIL regarding the Thane Mental Hospital. It permitted the handover of 14.83 acres of land to the Thane Municipal Corporation for a new railway station, subject to conditions ensuring patient care through Ward reconstruction.

What did the court decide?

Order dated 12/08/2015 modified to permit handing over 14.83 acres to Thane Municipal Corporation for Railway station development, subject to reconstruction of affected wards first.

The Superintendent, Regional Mental Hospital, Thane Vs Ms… — Land Acquisition | Bombay HC (2023)

¶1

Megha 42_cai_59_2019.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

CIVIL APPLICATION NO.59 OF 2019

¶4

WITH

¶5

INTERIM APPLICATION NO.1996 OF 2020
WITH

¶6

CIVIL APPLICATION NO.58 OF 2019
WITH

¶7

CIVIL APPLICATION NO.15 OF 2019

¶8

IN

¶9

PUBLIC INTEREST LITIGATION NO.11 OF 2010

¶10

WITH

¶11

PUBLIC INTEREST LITIGATION NO.11 OF 2010

¶12

The Superintendent,
Regional Mental Hospital, Thane...Applicant

¶13

Versus

¶14

The State of Maharashtra and Ors....Respondents

¶15

Dr. Birendra Saraf, AG with Mr. P.P. Kakade, GP and Mrs. N.M. Mehra,
AGP for the Applicant.

¶16

Mr. A.V. Chatuphale for the Petitioner in PIL/11/2010

¶17

Mr. Ram Apte, Senior Advocate with Mr. Mandar Limaye and Mr.
Harshal Nahata for Respondent No.4.

¶18

Mr. Mihir Desai, Senior Advocate with Ms Rishika Agarwal appointed
as Amicus Curiae.

¶19

Ms Neeta Karnik for the Intervenor in IA/17552/2022

¶20

CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

¶21

DATED: MARCH 3, 2023.

¶22

P. C. :-

¶23

1. The Public Interest Litigation is filed for implementation of

¶24

the provisions of Mental Health Act, 1986 in the Mental Hospitals in

¶25

1/10

¶26

Megha 42_cai_59_2019.doc

¶27

the State of Maharashtra and various directions are also sought against
the Respondents including relief of food and other reliefs to the
patients admitted in the Mental Hospital. One of the Mental Hospitals
is situated at Thane. The Division Bench of this Court under order
dated 12/08/2015 in the PIL No.11 of 2010 directed the State
Government and Collector, Thane that there shall not be any further
allotment of the subject land to third party under any condition. The
State Government and the Collector, Thane are further directed to
contemplate steps to remove encroachment on the 10 acres of the land.
The proposed steps were directed to be intimated to this Court before
taking any action. It is further ordered to display signboard on the
premises describing the possession of the subject property.

¶28

2.It is submitted that about 72 acres of land is donated for the
Mental Health Hospital, Thane. There were encroachments on the said
land. Some land was allotted to various societies by the Collector,
Thane District. It was in view of the same this Court passed an interim
order on 12/08/2015. The present application seeks modification of
the said order on the ground that an area of 14.83 acres of the said
land is required for construction of new railway station.

¶29

3.Dr. Saraf, learned Advocate General of the State submits

¶30

2/10

¶31

Megha 42_cai_59_2019.doc

¶32

that Thane is one of the most crowded railway stations and has large
number of increasing population. The existing infrastructure of the
railway is not able to cope up with the vast growing city requirements.
As such, there is urgent need of constructing a railway station between

¶33

Thane and Mulund stations to reduce heavy congestion. The details
are given of the number of passengers per day travelling by railway in
the said vicinity. It is further submitted that Central Railway under two
letters dated 30/03/2017 and 21/10/2017 requested for the
development of new railway station near Mental Hospital area. An
engineering scale plan has been prepared by the Central Railway on or
about 04/01/2018 of the proposed railway station.

¶34

4.It is further submitted by learned Advocate General that
Public Health Department forwarded proposal of the Municipal
Corporation, Thane for allotment of 14.43 acres land of Thane Mental
Hospital to the Ministry of Railways. Such proposal was placed before
the Cabinet meeting of the State Government on 15/07/2018. The
same was approved principally as it was in public interest. For effective
implementation of the said proposal, 8 members committee was
constituted under the Chairmanship of the Chief Secretary,
Maharashtra State. The 8 members Committee submitted report that

¶35

3/10

¶36

Megha 42_cai_59_2019.doc

¶37

the proposal is in the larger public interest. Because of the order dated
12/08/2015 the proposal cannot be further implemented.

¶38

5.Today the affidavit has been filed by the Medical
Superintendent, Regional Mental Hospital, Thane on behalf of the
Applicant No.1. It is clarified in the affidavit that Mental Hospital has
98 structures in which there are Female Wards, male wards and other
establishments and offices. The Mental Hospital is nearly 100 years old
and requires reconstruction and renovation.

¶39

6.Learned Advocate General submits that Government of

¶40

India has launched Smart City Mission. The Thane Municipal
Corporation got selected as one of the smart cities of Maharashtra
State. The Smart City project is to be implemented. The general public

¶41

gave an opinion that there should be bigger railway station or another
railway station.

¶42

7.It will be appropriate to reproduce some of the excerpts of
the affidavit filed on record as under:-

¶43

“7. I further say that the break-up of total area of

¶44

14.83 required for the construction of Railway Station is as per table given below:

¶45

`Sr.No.`	`Requirement of land`	`Acre`	`m`²
`1.`	`Land Requirement for Railway`	`3.88`	`15,712 m`²
	`operation (including Station` `bilding, PF, tracks etc.)`

¶46

4/10

¶47

Megha 42_cai_59_2019.doc

¶48

`2`	`Land requirement for circulating`	`5.25`	`21,246 m`²
	`area`
`3`	`Land required for bus terminus`	`1.39`	`5.625 m`²
`4`	`Land requirement for DP raods`	`4.31`	`17,719 m`²
	`Total land area`	`14.83`	`60,015 m`²

¶49

The total land required is 14.83 acres, of which
10.13 acres are in the compound wall and control of
the Thane Mental Hospital and 4.7 acres are outside
the compound wall and through 2.76 acre there are
access roads and 1.94 acres are affected by slum
encroachment.

¶50

8.Pursuant to the requirements of the Central
Railway, the proposal was moved by the State
Government to allot part of the land of Mental
Hospital for the new construction of Railway station.
Hereto annexed and marked as Exhibit 1 is the copy
of the plan of the Mental Hospital Land with the
area required for the Railway Station demarcated.
On the said plan, the structures now existing on the
area required for the Railway Station are also
mentioned.

¶51

9.After making thorough survey of the condition
and situation of the Mental Hospital with an advice
of the Public Health Department, the Corporation
has prepared a master plan to redevelop the entire
Thane Mental Hospital campus with modern and
state of art facilities for the patients, the entire
designing is based on the guidelines of the National
Institute of Mental Health and Neurosciences
(“NIMHANS”) Bangalore. NIMHANS is a medical
institution established under the National Institute
of Mental Health and Neuroscience, Bangalore Act,
2012 and it is an institution of national importance
and it is world renowned as a center for mental
health, neurosciences and allied fields. The total
capacity of the entire Mental hospital at present is
1850 patients which includes male and female but
new proposed building as per enhanced plan will

¶52

5/10

¶53

Megha 42_cai_59_2019.doc

¶54

increase capacity to 2184 beds which would add
334 new beds. The old Female Wards No.8,9,10
have capacity of 150 beds and the new construction
will have 168 beds. The Ward No.2,3, 8,9 & 10
have 170 patients occupying beds and in the newly
constructed 5 wards, the bed capacity will be
increased to 250. The Thane Municipal Corporation
decided to build a ground +1 structure to
accommodate all the structures which are in the
14.83 acres of land. There are 16 structures which
are getting affected by the land, which is proposed
to be given to the new Railways Station between
Mulund and Thane wherein 6 structures are in use
and other structures are totally dilapidated which
are not in use at all. The table of the structures
which are affected. Hereto annexed and marked as
Exhibit 2is the copy of the table of the structures
which are affected. There are other small structures
like out house, well, pump house, ECT room,
chowky which will be relocated as per the
NIMHANS plans in Phase 1 out in the chart
hereinabove.

¶55

10.These 6 structures are basically used for
female patients and it is called as Female Wards.
There are at present 158 patients occupying beds.
At the moment, per bed measurement is 5 sq.mters
but as per the norms of NIMHANS (National
Institute of Mental Health and Neuro Science), per
bed size should be 10 sq meters and hence, in the
newly constructed wards the size of per bed will be
10 sq.meters and there will be construction of 171
new bedded structures.

¶56

11.In the first phase Thane Municipal
Corporation has already started work of the Female
Wards after approval from public health department
on the structures which are dilapidated and in use.
Hereto annexed and marked as Exhibit 3 is the copy
of the blue print of the newly under construction
Female Wards. I further say that the construction

¶57

6/10

¶58

Megha 42_cai_59_2019.doc

¶59

shall be completed within 3 months from today at
any cost and the patients from the affected area will
be shifted in the newly constructed wards alongwith
all the necessary equipments and to the satisfaction
of the mental Health Department and also to the
satisfaction of the Thane Mental Hospital officials.
The first phase of the project will be undertaken by
the Thane Municipal Corporation and the State
Governments Public Health Department who will
jointly develop the total Mental Hospital land as per
approved plan as per NIMHANS. Only upon the
construction of the female wards & to the
satisfaction of the authorities, will the demolition of
the old Female Wards be started and the land will be
made available for the new Railway. Hereto
annexed and marked as Exhibit 4is the copy of the
Timeline of main activities to be carried out. The
construction of Male Wards as well as the other
administrative buildings as a part of the larger plan
is also to be undertaken in near future with help of
State Government and Public Works Department.

¶60

12.I further say that there will be sound
barriers provided so that patients in the Mental
Hospital will not be affected because of the trains
and the sound of the mobs at the Railway Station, a
3 meter concrete wall will be provided between
Railway Station and Mental Hospital which is as per
norms of the NIMHANS. Hence, the interest of the
Mental Health patients will be taken care properly.
I further state that until now in all 70 meters of the
wall is already constructed around the boundary of
Mental Hospital and the work is in progress.

¶61

8.In the affidavit and so also the learned Advocate General

¶62

has given a solemn assurance that unless the female wards which
would be affected in construction of Railway Station are constructed
and operated, old female wards would not be demolished. It is further

¶63

7/10

¶64

Megha 42_cai_59_2019.doc

¶65

submitted that master plan has been prepared for the construction of
the new buildings for the entire Mental Hospital Thane. It is further
submitted that the development plan of the Thane city has been
amended and 14.83 acres of the land from 72 acres land of Thane
Mental Hospital is earmarked /reserved for railways. Today, the details
are also given as to the period within which the construction of the
affected wards and other structures so also the shifting would be
completed. Same is reproduced as under:-

¶66

Sr. No.	Activity	Completion Date
1	Construction of affected Ward and other structure Shifting a. Ward Construction 8, and other affected structures b. Ward No.9 and other affected structures c. Ward No.10 and other affected structures d. Repair work of unused ward no.15, e. Repair work of unused ward no.16, f. New construction of Ward No.2 g. New construction of Ward No.3.	May, 2023 May, 2023 July, 2023 March, 2023 March, 2023 July, 2023 July, 2023
2.	Hospital Protection Work (compound Wall construction) New compound wall	June, 2023
3.	Railway Circulation Area development work a. Approaches from Dnansadhana college to proposed station land (outside of Mental Hospital Land)	May, 2023
	b. Other elevated road structures, Parkingarea and roads.	May, 2024
4.	Railway Operation area Actual work. a. Nalla Work with slab between Mulund to proposed new station area b. Laying new Rail Tracks c. Slewing of Existing slow railway track d. Platform Construction e. OHE Signal and Telecom work f. Construction of Station Buildingand allied structures	October 2025
Note	The project will be regularly monitored by Executive Engineer on day-to-daybasis.

¶67

8/10

¶68

Megha 42_cai_59_2019.doc

¶69

9.We have also heard senior Advocate Mr. Desai, learned
Amicus Curiae so also Ms Karnik, learned counsel for the Intervenor.
The anxiety expressed by the Amicus Curiae and the Intervenor is well
founded.

¶70

10.The building of the Thane Mental Hospital is old one and
requires immediate attention. We accept the statement of the learned
Advocate General that the Master Plan has been prepared for
construction of new building of Thane Mental Hospital. It would be
appropriate for the Government to come forward with specific details
of the time within which the construction would commence and the
allocation of the funds for the same would be done. Same may be
submitted by the next date.

¶71

11.Project for the Railway station is a public project. Public at
large would be interested in the project. It also cannot be denied that
the Thane city is ever growing and need for construction of the new
railway station is made out in the application. It also needs to be
considered that 14.83 acres of land is reserved for Railways. As such,
the land reserved for a particular purpose in the development plan
cannot be used for any other purpose than the purpose for which it has
been reserved. The reasons for this Court to pass interim order, of

¶72

9/10

¶73

Megha 42_cai_59_2019.doc

¶74

which modification is sought was encroachments made on the land of
the Mental Hospital and allotment of lands by the Collector to the
private societies. Said prohibitive order would continue to operate,
except to the extent modified today.

¶75

12.In the light of the aforesaid discussion, we modify order
dated 12/08/2015 and permit to handover 14.83 acres of land to the
Thane Municipal Corporation for the purpose of development of
Railway station. Save and except the above, interim orders passed by
this Court would continue.

¶76

13.The State Government and the Thane Municipal
Corporation shall also place on record before the next date, the time
line of the commencement of construction and allocation of funds for
the purpose of buildings of the Mental Hospital.

¶77

14.With these observations, Civil Application No.59 of 2019
stands disposed of.

¶78

15.Place the Public Interest Litigation on 28/04/2023.

¶79

 (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)

¶80

Digitally signed MEGHA by MEGHA SPARAB S Date: 2023.03.10 PARAB 10:38:01 +0530

¶81

10/10

The Superintendent, Regional Mental Hospital, Thane v. Ms. Vrushali Kalal

Case brief

What is this about?

What did the court decide?

The Superintendent, Regional Mental Hospital, Thane v. Ms. Vrushali Kalal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rekha Uttamrao Tapse Vs Pune Municipal Corporation and Anr.

Santosh Kaluram Sase and Ors. Vs State of Maharashtra and Ors.

Arif Abdul Wahab Shaikh Vs the State of Maharashtra Thr. Secretary Home Dept. and Ors.

Vishal S/O Atmaram Ahirrao (Patil) Vs the State of Maharashtra Thru the Secretary, Gen. Administration Dept. and Ors.

Shashikant S/O Sitaram Thakare (Patil) Vs the State of Maharashtra Thru the Secretary Gen Administration Dept. and Ors.

Owala Gavthan Gramshtan Sangharsh Samitee through Mr. Harichandra Ramu Dokphode Vs State of Maharashtra through Govt. Pleader and Ors.