E-Paper
Dengue patient’s death: High Court stays razing of Prayagraj hospital
The hospital has already been sealed by an order passed by the chief medical officer (CMO), Prayagraj. However, subsequently, through a notice dated October 19, 2022 an order for demolition was served to the hospital which was challenged in the present writ petition.
The Allahabad high court on Friday stayed the demolition of Prayagraj’s Global Hospital where sub-standard platelets were allegedly transfused to a dengue patient resulting in his death earlier this month.
The hospital has already been sealed by an order passed by the chief medical officer (CMO), Prayagraj. However, subsequently, through a notice dated October 19, 2022 an order for demolition was served to the hospital which was challenged in the present writ petition.
The petitioner Malati Devi said she constructed a building at Pipalgaon at Prayagraj and rented out a portion of this building to one Shyam Narayan who is operating Global Hospital from there. Besides, she is residing on the floor above the hospital, she said.
After the hospital was sealed, the petitioner received a notice dated October 19 from zonal officer of Prayagraj Development Authority (PDA) in which it was mentioned that an order for the demolition of the house was passed by PDA earlier on January 11, 2022. The said notice dated October 19 was handed over to her on October 21, 2022.
The petitioner challenged the notice dated October 19 on the ground that the order for demolition was passed by PDA on January 11, 2022 but she neither received any notice earlier regarding this demotion order nor any order of demolition was received by her at any point of time.
The counsel for the petitioner submitted that the petitioner is willing to submit an objection to the ex parte notice/ demolition order dated January 11, 2022 and shall also submit a map of the house in question before the PDA, which may be examined by the authority or the competent authority. If any construction of the house in question is found illegal or contrary to the bye-laws of the PDA, the petitioner may be afforded an opportunity for compounding and if any portion is found not compoundable, action may be taken by the PDA in accordance with law, the counsel for the petitioner added.
The court heard the matter in chamber as the court was closed due to Deepawali vacation and will reopen on Monday (October 31).
Disposing of the writ petition, Justice Surya Prakash Kesarwani and Justice Vikas Budhwar gave liberty to the petitioner to file an objection within two weeks before the PDA 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 PDA 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 opportunity to file a compounding application in the event the construction is found compoundable in accordance with law”, the court directed.
However, the court clarified if any portion of the construction is found not compoundable, the PDA shall be at liberty to proceed in accordance with law.
In view of it, the court directed that no coercive action shall be taken by the state government and PDA against the petitioner either pursuant to the demolition notice/ order dated January 11, 2022 or pursuant to the notice dated October 19, 2022 for a period of six weeks or till the order as aforesaid is passed by the PDA, whichever is earlier.
