Dengue Patient's Death: Allahabad HC stays demolition of Prayagraj hospital
Prayagraj: The Allahabad High court recently passed an order directing no coercive action to be taken against the owner of Global hospital in Prayagraj, which was recently involved in a controversy after a dengue patient was transfused with poorly preserved blood platelets, following which he passed away.
The two-judge bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar, in its order dated 28th October 2022, directed the authorities to stay the demolition of the hospital for six weeks.
Medical Dialogues team had earlier reported about the notice served to the hospital by the Prayagraj Development Authority (PDA), which called the building unauthorised, and they had directed the authorities to vacate the building by the morning of October 28 so that the authorities could go ahead with the demolition work. The notice dated October 19 was served to Malti Devi, owner of Global Hospital at Jhalwa in Dhoomanganj, and it stated that the building was, "illegally constructed and has a demolition order pending against it."
The family members of the deceased had initially alleged that the man was given sweet lime juice instead of blood platelets, following which the hospital was sealed, and a probe was ordered, revealing that it was poorly preserved blood platelets and not sweet lime juice which was given to the patient.
The court passed the judgement after Malati Devi, the owner of the hospital, filed a writ petition in the court seeking to quash the October 19 notice with a request to not seal her property.
The petitioner stated that she had purchased the plot in Prayagraj by a registered sale deed, over which she had constructed a house. She observed that she had rented out a section of the building to Mr. Shyam Narayan at the rent of Rs 50,000 per month for ten years, who is operating a hospital under the name and style of "Global Hospital".
The petitioner said that the hospital was sealed by the Chief Medical Officer of Prayagraj due to the lapses of the tenant. Further, Devi alleged that the petitioner received a notice dated 19th October 2022 on 21st October, 2022 for the first time from the Zonal Officer, Prayagraj Development Authority (PDA). She said that she did not receive any notice or any order of demolition even though it has been alleged that a demolition order was passed on 11th October, 2022.
Stating that she resides on a floor above the hospital, the petition observed that the hospital land was constructed by the petitioner at the time when the area in question was not within the limits of the Prayagraj Development Authority due to which there is no sanctioned map of the property.
The petitioner said that she is willing to compound the illegal structure, if any reasonable opportunity is given to her as per Section 32 of the U.P. Urban Planning and Development Act, 1973. The counsel for the petitioner stated that she would be submitting an objection to the notice order along with a map of the house for the authorities to properly examine.
The counsel further submitted that the petitioner should be given an opportunity for compounding if any section is found to be illegal or contrary to the bye-laws of the PDA. It added that subsequently, if any portion is found not compoundable, then action may be taken by the PDA in accordance with the law.
The counsel for the respondents submitted that she should be given the right to raise all her grievances available to her under the law, along with a map of the house to be examined by the PDA following which an appropriate order in accordance with the law would be passed.
While disposing the petition, the court directed the petitioner to file an objection within two weeks and to submit her grievances along with a map of the house. The court noted that the respondents should "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, " adding that appropriate action should be taken if any part of the building is found to be incompatible.
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