NE LEGAL BUREAU
NEW DELHI, MAY 27
The Supreme Court Wednesday allowed the Tamil Nadu government to use top four floors of a Chennai-based private hospital for treating COVID-19 patients.
The top court took note of the plea of Billroth Hospitals Ltd that its 4th to 7th floors, which were found to be illegal by the Madras High Court, be allowed to be used by the Tamil Nadu government which needed “additional in-patient beds for treatment of the Covid-19 patients in view of the current pandemic.”
“Since the demand for additional space has been made by the state of Tamil Nadu, we consider it appropriate to permit the State of Tamil Nadu to use the said floors, that is 4th to 7th floors of the building for the purpose of dealing with the pandemic. The state of Tamil Nadu may utilize the services of any agency, including the petitioner -Hospital for the purpose of said treatment,” a bench headed by Chief Justice S A Bobde said in the order.
It asked the state government to have arrangements with the private hospital regarding doctors, nursing staff and other facilities for treating COVID-19 patients.
“This order, however, will not create any rights in favour of the petitioner-Hospital and have no bearing on the question of regularization of the said premises which is sought for in the petitions,” said the bench which also comprised Justices A S Bopana and Hrishikesh Roy.
On June 3 last year, the top court had stayed the Madras High Court judgment ordering demolition of top five floors of the eight-storey block of Billroth Hospitals Ltd for alleged violation of the approved building plan.
It had however directed the hospital not to use these top five floors for any activity.
Senior advocate N K Kaul, appearing for the hospital, has sought permission to use these floors for COVID-19 patients saying that at least 150 beds will be allotted for such patients.
Earlier, the hospital had told the apex court that it had applied under the 2017 building regularisation scheme of Tamil Nadu for regularisation of the floors.
The hospital, having 250 beds, had said that it was operational since 2005-2006 and the authorities can decide on its application for regularisation within a month.
“For the time being we will grant stay but you will not use these floors (fourth to eighth). You had built it till eighth floor in 2009 with impunity. You used it without any sanctioned building plan”, the apex court had said.
