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On Wednesday, The Supreme Court of India allowed the TN Government to use for COVID- 19 treatment the hospitals which are facing demolition for unauthorized construction.
Billroth Hospital filed an application that says that The TN Government had ordered the demolition of the 4th and 8th floor of the hospital to which the SC stayed the order in June 2019. With respect to this application, The Supreme Court has passed this order.
Judges Bench comprising CJI S A Bodbe, Justice AS Bopanna, and Hrishikesh Roy checked that the hospital is not permitted to use the floors. However, in this pandemic situation, the State Government has requested to use the floors.
“This order, however, will not create any rights in favor 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 Bopanna and Hrishikesh Roy.
On June 3 last year, the top court had stayed the Madras High Court judgment ordering the demolition of the top five floors of the eight-story 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 regularization scheme of Tamil Nadu for regularization 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 regularization 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 the eighth floor in 2009 with impunity. You used it without any sanctioned building plan", the apex court had said.
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