Prohibit Hospitals From Admitting Patients If Fire Safety NOC Not Obtained By Feb 19: Gujarat High Court Directs Ahmedabad Municipal Corporation

The Gujarat High Court on Friday (29th January) granted "one last opportunity" to 151 hospitals of Ahmedabad to obtain a valid no-objection certificate (NOC) on fire safety from Ahmedabad Municipal Corporation (AMC) by February 19. The Division Bench of J. B. Pardiwala and Justice Ilesh J. Vora directed the AMC to issue notice to each of these 151 hospitals asking them to obtain the N.O.C. by 19th February 2021. The Court further said, "Failing which appropriate steps shall be taken against such hospitals in accordance with law including prohibiting the management from admitting any patient in the hospital" The background of the matter The Gujarat High Court had issued various directions issued vide order dated 15th December 2020 and the Ahmedabad Municipal Corporation was directed to take up the issue as regards to all those hospitals functioning without a valid N.O.C. Pursuant to Court's order, the Corporation issued a notice (on 21st December 2020) informing all the hospitals to obtain a valid N.O.C. in accordance with the rules and regulations within 15 days, failing which appropriate legal steps would be taken by the Corporation against all such hospitals. However, it was submitted that even after the expiry of the time period, 151 hospitals were yet to comply with the High Court's order of 15th December, instructing establishments to prioritize fire safety despite subsequent public notice and warning from the AMC. AMC's Submission before the Court At the outset, the Court observed that it was expected of the Corporation to immediately proceed to take appropriate action against all such erring hospitals in accordance with what has been stated in the Public Notice dated 21st December 2020. However, the AMC submitted before the Court that the 151 erring hospitals are trying their best to install the necessary firefighting equipment and comply with the other requirements for the purpose of obtaining a valid N.O.C. from the Ahmedabad Municipal Corporation. It was further submitted that some reasonable time be granted to these 151 hospitals, then they would be able to comply with all the necessary requirements and obtain a valid N.O.C. On the other hand, Advocate Amit Panchal, appearing in person, submitted before the Court that it was high time, that the Corporation starts taking strict action in accordance with law rather than granting any further time to these 151 hospitals operating as on date without a valid N.O.C. He further submitted - God forbid, if any freak accident takes place in one of these 151 hospitals, then who would be responsible for the same. Court's observations Noting that the Corporation should have taken appropriate steps by now against all the 151 hospitals in view of the Public Notice issued by it, the Court, however, said, "Yet we would like to grant these 151 hospitals one last opportunity to obtain a valid N.O.C. from the Corporation in accordance with law. Whatever needful has to be done, shall be done by 26th February 2021." The Court further directed the Corporation to issue notice to each of these 151 hospitals asking them to obtain the N.O.C. by 19th February 2021, failing which appropriate steps shall be taken against such hospitals in accordance with law including prohibiting the management from admitting any patient in the hospital. Lastly, the matter was posted for 26th February. Click Here To Download OrderRead Order

Prohibit Hospitals From Admitting Patients If Fire Safety NOC Not Obtained By Feb 19: Gujarat High Court Directs Ahmedabad Municipal Corporation

Sparsh Upadhyay

Corporation has been directed to issue notice to each of these 151 hospitals asking them to obtain the N.O.C. by 19th February 2021.

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