HC denies permission to complete illegal hospital to treat Covid-19 patients

The Aurangabad bench of the Bombay high court (HC) has rejected a plea by a local doctor seeking permission to complete construction of an unauthorised hospital

The Aurangabad bench of the Bombay high court (HC) has rejected a plea by a local doctor seeking permission to complete construction of an unauthorised hospital at Beed in Marathwada region, even after he offered to make the building available for running an out-patient department (OPD) and dialysis unit for Covid-19 patients in the district.

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The petitioner Dr Manoj Munde had moved the HC with a plea for an urgent hearing for permission to complete the remaining work of his hospital building at Beed and to start the OPD and make available a dialysis unit for the coronavirus-infected patients from the 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 the payment for requisite development charges to the 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 the building permit was obtained. On April 13, the civic body refused the building permission.

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

He moved the HC after the resident collector on April 25 issued an order shortlisting the unfinished building for treatment of Covid-19 patients. The building would then be used for the purpose but the illegal status of the structure would not be lifted.

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

Justice Ravindra Ghuge on Friday 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 there. The judge said such an interim order “cannot be granted in the face of the illegality, prima facie, indulged by the petitioner”.