SC Allows TN Govt To Use For COVID-19 Treatment Floors Of Hospital Facing Demolition Action [Read Order]

The Supreme Court on Wednesday allowed Tamil Nadu Government to use for COVID-19 treatment the floors of a hospital facing a demolition action on the ground of unauthorized construction.

The Court passed the order in an application filed by Billroth Hospital, against which an order of demolition has been passed with respect to its 4th to 8th floors. In June last year, the SC had stayed the demolition.

In the wake of COVID-19 pandemic, the hospital moved a fresh application, seeking permission to use the 4th to 7th floors for treatment on the ground that the State of Tamil Nadu needs additional in-patient bed.

A bench comprising Chief Justice S A Bobde, Justices AS Bopanna and Hrishikesh Roy observed that the hospital cannot be permitted to use the floors. However, since the State Government has made the request, it can be permitted to use the floors,said the bench.

"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 bench observed.

The bench clarified that such use will not create any rights in favour of the hospital.

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