Supreme Court Grants Permission to Tamil Nadu Government to Use Floors of Hospital Facing Demolition Action for COVID-19 Treatment

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On 27.05.2020, the Supreme Court granted permission to Tamil Nadu Government to use four floors. The hospital is currently facing demolition action on the ground of unauthorised construction. This decision comes in light of the treatment of COVID-19 patients.

Facts

On 03.06.2019, the Supreme Court stayed the demolition of the four floors of the Petitioner’s hospital. The ground was the unauthorised construction. The Court noted there was no sanction for the same.

For this, the Supreme Court prohibited the use of these four floors i.e. 4th to 8th floor for any purpose of the hospital.

However, in the application, the hospital requested permission to use the said floors. This was for the treatment of COVID-19 patients as the state of Tamil Nadu was in need of more beds.

Court’s Observations

A three-judge bench comprising of Chief Justice S.A. Bobde, Justice A.S. Bopanna and Hrishikesh Roy heard the matter. They observed that there is no point in granting permission to the hospital to use the floors.

The state of Tamil Nadu also made a request to use the said floors to deal with the particular pandemic in hand.

Further, the Supreme Court observed that- “Even though the need for using available space for the purpose of locating in-patient beds is legitimate and necessary, we see no reason why the said floors should be allowed to be used by the petitioner-Hospital.”

Court’s Decision

The Supreme Court held that the state could utilise any service provided by the agency. This includes the hospital as well only during the pandemic. But, the Court said that this order does not create any rights in the favour of Petitioner. Above all, the current decision was only for the treatment of COVID-19 patients.


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