Five floors of Billroth hosp face demolition as HC reiterates order
TIMES NEWS NETWORK
Chennai:29.05.2019
Nearly two weeks after the Madras high court ordered at least five top floors of Billroth Hospital’s Shenoy Nagar building to be demolished, another division bench reiterated the order and refused to stay demolition.
“Merely because the hospital has submitted the application for regularisation (of the unauthorised floors), it would not preclude the authority concerned to take appropriate action against the hospital for violation of the building construction regulations, in the manner recognised by law,” said a vacation bench of Justice R M T Teekaa Raman and Justice P D Audikesavalu on Tuesday. Earlier this month, a division bench had ordered the demolition and said officials who aided illegal buildingsweretraitors.Ithas also directed the hospital not to admit any patients.
On Tuesday, however, the division bench extended the time for shifting patients up to June 15 and said demolition should starton June16under thesupervision of court-appointed amicus curiae T Mohan.
The hospital has claimed that since 2004 it had been functioning from an eight-storey building in Aminjikarai. As the fourth to eighth floors were not regularised, the hospital applied for regularisation in 2006. However, the application and subsequent appealwere rejectedfor discrepancy. Thereafter, no coercive steps were taken against the hospital. On June 22, 2017, the government passed notified rules under Section 113C of the Tamil Nadu Town and Country Planning Act through which regularisation of buildings built on or before July 1, 2007, were permitted. When the plea came up for hearing, pointing out an interim order passed by the first bench of the court headed by Chief Justice V K Tahilramani directing the CMDA to process the regularisation application of the hospital but not take final decision without the leave of the court, the bench refused any relief to the hospital.
On another plea by the hospital seeking to vacate interim orders issued by a single judge of the court directing the hospitaltoceaseoperationsin theillegally constructed floors, the bench said: “We do not find any acceptable reason to vacate the directions.”
TIMES NEWS NETWORK
Chennai:29.05.2019
Nearly two weeks after the Madras high court ordered at least five top floors of Billroth Hospital’s Shenoy Nagar building to be demolished, another division bench reiterated the order and refused to stay demolition.
“Merely because the hospital has submitted the application for regularisation (of the unauthorised floors), it would not preclude the authority concerned to take appropriate action against the hospital for violation of the building construction regulations, in the manner recognised by law,” said a vacation bench of Justice R M T Teekaa Raman and Justice P D Audikesavalu on Tuesday. Earlier this month, a division bench had ordered the demolition and said officials who aided illegal buildingsweretraitors.Ithas also directed the hospital not to admit any patients.
On Tuesday, however, the division bench extended the time for shifting patients up to June 15 and said demolition should starton June16under thesupervision of court-appointed amicus curiae T Mohan.
The hospital has claimed that since 2004 it had been functioning from an eight-storey building in Aminjikarai. As the fourth to eighth floors were not regularised, the hospital applied for regularisation in 2006. However, the application and subsequent appealwere rejectedfor discrepancy. Thereafter, no coercive steps were taken against the hospital. On June 22, 2017, the government passed notified rules under Section 113C of the Tamil Nadu Town and Country Planning Act through which regularisation of buildings built on or before July 1, 2007, were permitted. When the plea came up for hearing, pointing out an interim order passed by the first bench of the court headed by Chief Justice V K Tahilramani directing the CMDA to process the regularisation application of the hospital but not take final decision without the leave of the court, the bench refused any relief to the hospital.
On another plea by the hospital seeking to vacate interim orders issued by a single judge of the court directing the hospitaltoceaseoperationsin theillegally constructed floors, the bench said: “We do not find any acceptable reason to vacate the directions.”
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