NE LEGAL BUREAU
NEW DELHI, AUG 2
The Supreme Court on Monday said it would hear on August 9 a matter related to fire audit of COVID-19 hospitals in which it had last month pulled up the Gujarat government for extending the deadline for medical establishments to rectify the building by-laws violations.
The matter came up for hearing before a bench of justices D Y Chandrachud and M R Shah which was informed on July 19 of a notification by the Gujarat government on July 8 extending the timeline for rectifying compliances for three months, commencing from the last date of applicability of Gujarat Epidemic Diseases Regulations 2020.
During the hearing on Monday, the bench, while referring to a “clarificatory notification” issued by the state, told Solicitor General Tushar Mehta that “you advise the government properly”.
The bench told Mehta that it has not received the report of a commission of inquiry on the fire incidents at Shrey Hospital in Ahmedabad and Uday Shivanand Hospital in Rajkot.
At Shrey Hospital, eight COVID patients were killed in a fire incident on August 6, 2020. Another such incident at Uday Shivanand Hospital had killed five COVID patients on November 27 last year.
Mehta said the report has been filed in the top court in a sealed cover.
“You circulate the report to us. We will take up the matter on next Monday (August 9),” the bench said.
The Gujarat government has recently filed an affidavit in the matter in the apex court and said that as many as 1,101 hospitals in the state still do not possess any valid fire safety certificates issued under the Gujarat Fire Prevention and Life Safety Measures Act.
In the affidavit, Additional Chief Secretary, Urban Development and Urban Housing Department, Mukesh Puri said that as of date, there are 5,705 hospitals in Gujarat, of which 4,604 possess fire NOCs (No Objection Certificates) under the 2013 Act but 1,101 hospitals do not possess these NOCs.
The NOC is issued by authorities concerned after applicant hospitals comply with fire safety measures.
The top court is hearing the suo motu case on the issue of proper treatment of COVID-19 patients and dignified handling of dead bodies in the hospitals.
The issue of fire safety norms in COVID-19 hospitals had cropped up during the hearing of the suo motu matter.
During the hearing on July 19, the apex court had said that hospitals have become like huge real estate industries instead of serving humanity in the face of COVID-19 tragedy while directing that ‘nursing homes’ running from 2-3 room flats in residential colonies which pay little attention to fire and building safety norms should be closed.
It had indicated that Gujarat government will have to withdraw the notification, saying it appears to be in the teeth of its December 18 last year order and sought explanation on issuance of the notification within a week.
On December 18 last year, the top court had directed all the states to constitute a committee in each district to conduct fire audit of COVID-19 hospitals at least once a month, inform the management of medical establishments about any deficiency and report to the government for taking follow up action.
It had said that COVID-19 hospitals, which have not obtained NOC from the concerned fire department, should be asked to immediately apply for NOC and after carrying necessary inspection, a decision shall be taken in this regard.
In its affidavit filed recently in the apex court, the state has also clarified on the notification issued on July 8.
The notification directed that no coercive action should be taken against the buildings having no Building Use (BU) permission till three months from December 31, 2021, which is the last date of applicability of the Gujarat Epidemic Diseases COVID-19 Regulation, 2020.
The government has said this notification didn’t mean any relaxation in the issuance of a fire safety certificate and the statutory compliance with the fire safety norms under the Fire Safety Act, 2013.
“This notification of July 8, 2021 does not, in any manner whatsoever, restrict the powers vested under Fire Prevention Act, 2013, nor does it grant any extended timeline, to any hospital for obtaining a Fire NOC,” the affidavit said.
