• January 26, 2022

Court docket clears technique to seal 44 hospitals sans legitimate BU permission, Well being Information, ET HealthWorld

Jun 4, 2021

Ahmedabad: The Gujarat excessive court docket on Thursday rejected a petition by the Ahmedabad Medical Affiliation and 44 hospitals in search of safety in opposition to the civic physique’s sealing drive over not having legitimate Constructing Use permission.

Whereas rejecting the petition, the bench of Justice Bela Trivedi and Justice Bhargav Karia granted two weeks to those hospitals to make correct preparations for his or her sufferers and shift them to different services. It requested the Ahmedabad Municipal Company to not provoke motion in opposition to these hospitals and clinics earlier than June 17.

This was after AMA’s request that sufferers have been taking remedy in these hospitals, a few of which have been designated Covid hospitals, and taking motion in opposition to them could be harsh on this pandemic. AMA sought time to accommodate sufferers being handled in these hospitals.

On this case, AMA with 44 of its members had approached the HC after AMC issued notices that the hospitals could be sealed because it didn’t have legitimate BU permissions.


AMA can’t invoke extraordinary jurisdiction: HC

On this case, AMA with 44 of its members had approached the HC after AMC issued notices that the hospitals could be sealed because it didn’t have legitimate BU permission.

These 44 hospitals, together with 11 kids hospitals and eight maternity houses, had BU permission for residential functions and never for industrial use.

AMC started issuing notices after HC ordered for motion in opposition to hospitals that shouldn’t have fireplace NOC and constructing use permission. This occurred after petitioneradvocate Amit Panchal filed a PIL after a hearth tragedy killed eight Covid-19 sufferers in Shrey Hospital in August 2020.

A few hospitals – Jagmohan Hospital Pvt Ltd in Navrangpura and Pushpam Hospital in Sabarmati – have been even partially sealed by AMC.

The hospitals and AMA requested Gujarat excessive court docket to ask the muncipal company to grant leisure by delaying its motion or granting extra time to acquire BU permission for industrial use.

Nonetheless, AMC caught to its stand {that a} public discover was issued on February 22 after which particular person notices got to those hospitals.

It mentioned there was no level in granting leisure as a result of the trigger falls in ‘particular person curiosity’ and never in public curiosity.

After listening to the case, the excessive court docket mentioned that AMA just isn’t a registered organisation and since it’s not affected by AMC choice, it can’t invoke extraordinary jurisdiction of the HC.

The court docket seen that the municipal commissioner has powers beneath part 268 of the Gujarat Provincial Municipal Firms (GPMC) Act to vacate any constructing after giving discover, if such constructing or a portion of it’s unlawfully occupied in contravention of Part 263. Additionally, none of those hospitals have legitimate constructing use permission.

The excessive court docket additionally cited a Supreme Court docket remark that if a regulation is enacted however just isn’t being voluntarily obeyed, then it needs to be enforced, in any other case infringement of regulation, which is actively or passively condoned for private achieve will likely be inspired which is able to in flip result in a lawless society.

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