Bombay HC dismisses doctor’s plea to complete illegal hospital building

The petitioner, Dr Manoj Munde had moved the high court with a plea for urgent hearing for permission to complete remaining work of his hospital building at Beed and to start the OPD and make available a dialysis unit for the coronavirus patients from Beed district.

The Aurangabad bench of the Bombay high court has rejected the plea of a doctor seeking permission for completion of an unauthorised hospital building at Beed in Marathwada region, even after he offered to make the facility available for running an OPD and dialysis unit for Covid-19 patients in the district.

Dr Munde then on April 20, 2020, requested the district collector for permission to operate the hospital claiming that the new hospital building was already constructed and could be used for treating Covid-19 patients.(HT photo)

The petitioner, Dr Manoj Munde had moved the high court with a plea for urgent hearing for permission to complete remaining work of his hospital building at Beed and to start the OPD and make available a dialysis unit for the coronavirus patients from Beed district.

He stated that he had purchased an old hospital building in the town and had on August 20, 2019 applied for construction permission. He had made payment of requisite development charges to Beed municipal council on November 8, 2019.

However, in March 2020, the civic body noticed that substantial construction of the new hospital building was already done, even before building permission was obtained. On April 13, 2020, the civic body refused the building permission

Dr Munde then on April 20, 2020, requested the district collector for permission to operate the hospital claiming that the new hospital building was already constructed and could be used for treating Covid-19 patients.

He, however, moved high court after the resident collector on April 25 issued an order shortlisting the unfinished hospital building for the treatment of Covid-19 patients.

On Friday, Government pleader DR Kale opposed the doctor’s plea stating the construction was illegal and could not be allowed to be completed.

Justice Ravindra Ghuge accepted his contention and rejected the doctor’s plea for interim permission to complete the unfinished building and to operate an OPD and a dialysis unit from the building for Covid-19 patients. The judge said such an interim order “cannot be granted in the face of the illegality, prima facie, indulged into by the petitioner.”