Allahabad High Court Stays Demolition Order Against UP Hospital Accused Of Transfusing Fruit Juice To A Dengue Patient

The Allahabad High Court has stayed, for 6 weeks, the proposed demolition of a Prayagraj Hospital which is presently embroiled in controversy for allegedly administering Mosambi (sweet lime) juice instead of platelets to a 32-year-old dengue patient.

The bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar gave the liberty to one Malati Devi who owns the land and the property in which the Hospital is presently functioning to file an objection to the demolition notice sent by the Prayagraj Development Authority (PDA) within two weeks.

The Court gave this order on a writ plea moved by the petitioner challenging the demolition notice received by her.

The case in brief

According to the petitioner (Malati Devi) she had purchased a piece of land and constructed a house over it and under a rent agreement dated February 10, 2021, she let out 18 rooms along with two shops to one Mr. Shyam Narayan, who is operating a hospital under the name and style of Global Hospital.

She further stated that on account of certain lapses by the tenant, his hospital was sealed by the Chief Medical Officer, Prayagraj and she received a notice on October 21, 2022, from the Zonal Officer, PDA stating that an order for demolition of the house in question was passed on January 11, 2022. It was mentioned in the notice that the building in question was constructed sans any map, duly sanctioned by the authorities.

However, in her plea before the Court, she has contended that neither any notice nor any order of demolition has been received by her. She has also submitted that the construction over the land in question was made by her at the time when the area in question was not within the limits of the Prayagraj Development Authority and as such, there was no sanctioned map of the aforesaid property.

However, she stated before the Court that she is ready and willing for compounding illegal structure, if any, as per Section 32 of the U.P. Urban Planning and Development Act, 1973 provided a reasonable opportunity is given to her.

Court's order

In view of this, the High Court gave her the liberty to file an objection within two weeks before the PDA, raising all her grievances, along with a map of the house in question.

The Court has ordered that in the event, she moves an objection along with a map of the house in question within the stipulated period then the PDA shall get it verified in terms of the by-laws of the PDA.

The PDA has further been directed to examine the objection of the petitioner and pass an appropriate order in accordance with the law within the next four weeks, after affording a reasonable opportunity of hearing to the petitioner including an opportunity to file a compounding application in the event the construction is found compoundable in accordance with the law.

The Court further clarified that if any portion of the construction is found not compoundable, then the PDA shall be at liberty to proceed in accordance with the law.

"For a period of six weeks or till the order as aforesaid is passed by respondent No.2, whichever is earlier, no coercive action shall be taken by the respondents against the petitioner either pursuant to the demolition notice/ order dated 11.01.2022 or pursuant to the impugned sealing notice dated 19.10.2022," the Court further added.

It may be noted that the Global Hospital was sealed on Oc tober 20 after it came to light that it had allegedly transfused Mosambi Juice instead of blood platelets to a dengue patient who later died. However, the Prayagraj District Magistrate has claimed that the patient was given platelets "stored in an improper way" and not sweet lime juice, as claimed by his family members.

Case title - Malati Devi v. State Of U.P. And 3 Others [WRIT - C No. - 32813 of 2022]

Case Citation: 2022 LiveLaw (AB) 476

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