Bombay High Court Directs BMC Commissioner to Personally File Affidavit in NSCI Ground Fee Dispute
The Bombay High Court has issued a significant directive to the Brihanmumbai Municipal Corporation (BMC) in an ongoing dispute over charges for ground utilization during the COVID-19 pandemic. A division bench comprising Justices Ravindra Ghuge and Abhay Mantri has ordered BMC Commissioner Bhushan Gagrani to personally file an affidavit supporting the civic body's claims regarding payments to the National Sports Club of India (NSCI) in Worli.
Background of the Dispute
The controversy centers around the use of NSCI's open ground area for establishing a jumbo quarantine facility during the height of the coronavirus crisis. According to the club's petition filed last year, the BMC utilized their premises for approximately 30 months under an April 2020 circular but failed to make appropriate payments for this extended usage.
The core disagreement involves a substantial financial discrepancy between what NSCI claims the BMC owes versus what the municipal corporation acknowledges as its liability. This difference prompted the High Court to initially consider appointing an independent chartered accountant to assess the accurate payment amount due to the sports club.
Court Proceedings and BMC's Changing Stance
During hearings, the BMC's legal representatives presented conflicting positions that raised judicial concerns. Initially, on January 21, the court noted its lack of specialized expertise in financial calculations and expressed willingness to refer the matter to a reputable chartered accountant for proper assessment.
However, BMC counsel requested additional time to consult with the civic chief regarding this proposed course of action. Subsequently, on January 28, the municipal corporation took a surprising position, claiming it never actually utilized the open area surrounding the jumbo quarantine center.
Judicial Scrutiny and Specific Directives
The High Court bench expressed skepticism about this revised stance and demanded greater accountability. "We need an affidavit to be filed personally by the commissioner of the municipal corporation," the justices emphasized, highlighting the need for authoritative clarification.
The court specifically questioned how the BMC arrived at its calculated figure of Rs 12.6 crore for the jumbo center while excluding charges for the surrounding open area. The judicial bench noted it had not been properly informed about the formula used in this calculation, raising concerns about transparency and methodology.
Critical Questions Posed by the Court
In its detailed order, the High Court directed Commissioner Gagrani to address several crucial questions by February 6:
- Explain the specific formula used to calculate the Rs 12.6 crore figure for the jumbo quarantine center
- Clarify whether the BMC truly did not use "even an inch of land outside" the main facility
- If claiming no external land usage, detail where essential medical infrastructure was installed, including:
- Medical gas pipeline systems (MGPS)
- Compressors and vacuum pumps
- Oxygen gas pipelines and PSA plants
- HVAC (heating, ventilation, and air conditioning) systems
- Liquefied medical oxygen (LMO) tanks
The court emphasized that these installations were crucial for ensuring the quarantine center operated effectively and questioned how they could have been accommodated without utilizing surrounding space.
Next Steps and Implications
The High Court has scheduled the next hearing for February 11, when it will review the commissioner's affidavit and issue further orders. This case highlights the complex financial and logistical challenges municipalities faced during emergency pandemic responses, particularly regarding compensation for temporarily requisitioned facilities.
The court's insistence on a personally filed affidavit from the BMC chief underscores the seriousness with which it views the discrepancies in the civic body's positions and the substantial public funds involved in pandemic infrastructure projects.
