SC stays HC order to demolish 5 floors of Chennai hospital
04.06.2019
The Supreme Court Monday stayed the Madras high court judgement ordering demolition of the top five floors of an eight-storey block of a private city hospital for construction allegedly in violation of the approved building plan.
A vacation bench comprising Justices Indu Malhotra and M R Shah, however, directed Billroth Hospitals Ltd not to use these top five floors for any activity.
The bench, which sought response from the state government on the plea filed by the hospital challenging the HC verdict, granted 10 days to the hospital to vacate the five floors. The high court had ordered the demolition to commence from June 16.
Senior advocate A M Singhvi, appearing for the hospital, told the apex court it had applied under the 2017 TN building regularisation scheme. He said the matter related to the scheme is pending but while hearing a separate contempt case, the high court had quashed the scheme.
The bench observed, “It is without any authorised plan. Three floors were allowed but beyond that, construction was not permitted.” Singhvi told the bench the hospital, having 250 beds, was operational since 2005-2006 and the authorities can decide on the application for regularisation within a month.
“We are issuing notice only because in a contempt case, the high court has set aside a scheme,” the bench said.
When Singhvi sought a stay of the high court's verdict, the bench said, “For the time being we will grant stay but you will not use these floors (fourth to eighth). You had build it till eighth floor in 2009 with impunity.”
The bench said the matter would come up for hearing after the summer vacation. PTI
04.06.2019
The Supreme Court Monday stayed the Madras high court judgement ordering demolition of the top five floors of an eight-storey block of a private city hospital for construction allegedly in violation of the approved building plan.
A vacation bench comprising Justices Indu Malhotra and M R Shah, however, directed Billroth Hospitals Ltd not to use these top five floors for any activity.
The bench, which sought response from the state government on the plea filed by the hospital challenging the HC verdict, granted 10 days to the hospital to vacate the five floors. The high court had ordered the demolition to commence from June 16.
Senior advocate A M Singhvi, appearing for the hospital, told the apex court it had applied under the 2017 TN building regularisation scheme. He said the matter related to the scheme is pending but while hearing a separate contempt case, the high court had quashed the scheme.
The bench observed, “It is without any authorised plan. Three floors were allowed but beyond that, construction was not permitted.” Singhvi told the bench the hospital, having 250 beds, was operational since 2005-2006 and the authorities can decide on the application for regularisation within a month.
“We are issuing notice only because in a contempt case, the high court has set aside a scheme,” the bench said.
When Singhvi sought a stay of the high court's verdict, the bench said, “For the time being we will grant stay but you will not use these floors (fourth to eighth). You had build it till eighth floor in 2009 with impunity.”
The bench said the matter would come up for hearing after the summer vacation. PTI
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