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Apex Court permits State Govt to use Pvt Hospital Building Floors under demolition scrutiny for treating Corona Patients [Read Order]


Hospital Bed for Corona Patients.jpg
28 May 2020
Categories: Latest News Case Analysis

On Wednesday, the Supreme Court of India has allowed the Tamil Nadu Government to use Hospital buliding floors under the scrunity of 'demolishing order' on the ground of unauthorised action to treat COVID-19 patients.

Last year the SC has stayed the demolition of the 4th and 8th floor of the concerned hospital.

Now, in wake of COVID-19 Pandemic, the concerned hospital has filed a fresh application seeking permission to use 4th and 7th floor of its building laying ground that the Govt needs additional in-patient bed.

A bench headed by CJI S A Bobde howerver concluded that the hopsital cannot be allowed to use the floor for any purpose but since the request has been made by State Government, the Court can permit the use of floors for the said purpose.

To this regard, the Court noted:

"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. However, 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, i.e., 4th to 7th floors of the building for the purpose of dealing with the pandemic."

The Court also mentioned in clear words that the orde generates no rights in favour of the hospital but has only been passed to facilitate State Government to manage the pandemic situation.

The bench also comprised of Justice Justice AS Bopanna and  Justice Hrishikesh Roy and the order has been passed on 27-05-2020.

Read Order Here:



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