Read Time: 07 minutes
The hospital came in the limelight when family of a dengue patient alleged that sweet lime juice was transfused to the patient instead of platelets. However, the district authorities dismissed the allegation and said the platelets transfused were not juice but rather poorly stored platelets.
The Allahabad High Court has stayed the Prayagraj Development Authority's order for the demolition of the private property let out for running Global Hospital. The Hospital was recently charged with laxity when poorly preserved platelets were allegedly transfused to a dengue patient, resulting in his death.
A division bench of Justices S P Kesarwani and Justice Vikas Budhwar passed the order on a writ petition filed by the owner of the property, Malati Devi.
The Chief Medical Officer, Prayagraj has already sealed the hospital. On October 21, the property owner received a notice dated October 19, 2022 from the Zonal Officer, Prayagraj Development Authority (PDA) in which it was mentioned that an order for demolition of the house in question was passed in January this year.
As per the notice, the construction is illegal and contrary to the bye-laws of the PDA and had been done without any sanctioned map.
However, the property owner moved the high court against the demolition notice/orders alleging that neither any notice nor any order of demolition had been received by her. She further stated that she purchased the property in question in 2009 and the construction over it was made at a time when the area in question was not within the limits of PDA.
She stated that she is ready and willing for compounding the illegal structure, if any, as per Section 32 of the U.P. Urban Planning and Development Act, 1973 provided a reasonable opportunity is given to her.
Her counsel also submitted before the court that she is willing to submit objection to the ex parte notice/ demolition order and the map of the house. He argued that if any construction of the house in question is found illegal or contrary to the bye-laws of the PDA, then the property owner should be given an opportunity for compounding, and even after that if any portion is found not compoundable, then action may be taken by the PDA in accordance with law.
The counsel for the state authorities did not object to this and in view of the same, the division bench disposed of the writ petition giving liberty to the property owner to file an objection within two weeks raising all her grievances, along with a map of the house in question.
"In the event, such an objection along with map of the house in question is filed by the petitioner within the stipulated period then the respondent No.2 shall get it verified in terms of the bye-laws of the PDA and shall examine the objection of the petitioner and pass an appropriate order in accordance with law within next four weeks, after affording reasonable opportunity of hearing to the petitioner including an opportunity to file a compounding application in the event the construction is found compoundable in accordance with law," Court ordered.
However, the court clarified that if any portion of the construction is found not compoundable, then the authorities shall be at liberty to proceed in accordance with law.
Apart from that, for a period of six weeks or till the order as aforesaid is passed by the authorities, the court ordered that no coercive action shall be taken against the property owner either pursuant to the demolition notice/ order dated January 11, 2022, or pursuant to the sealing notice dated October 19, 2022.
Case Title: Malati Devi v. State Of U.P. And 3 Others
Please Login or Register
