Allahabad High Court stays demolition of hospital accused of transfusing juice instead of platelets

The Allahabad High Court on Friday stayed a demolition order issued by the Prayagraj Development Authority (PDA) against Global Hospital where a dengue patient had died due to the alleged transmission of mosambi juice instead of platelets into his body..A bench of Justices Surya Prakash Kesarwani and Vikas Budhwar also said that the PDA shall examine the objections of the owner of the building before passing an appropriate order in conformity with law."For a period of six weeks or till the order as aforesaid is passed by the 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 ordered.The order was passed on a plea by the owner of the building which was leased out to run the hospital.After the alleged incident, the hospital was sealed and a notice was also issued by the PDA alerting the petitioner of the demolition order. The notice was challenged by the petitioner claiming that she neither received any notice or order of demolition by the authorities..According to the petitioner, she had let out 18 rooms along with two shops to one Shyam Narayan for ten years, who was currently operating the hospital. .The petitioner further submitted that she was ready and willing to compound the illegal structure if provided a reasonable opportunity..The State said that the petitioner could file objections raising all her grievances along with a map of the house in question for it to be examined by the PDA based on which an appropriate order would be passed..Considering these submissions, the Court disposed of the plea while allowing the petitioner to file an objection within two weeks before the PDA raising all her grievances, along with a map of the house in question."In the event, such an objection along with map of the house in question is filed by the petitioner within the stipulated period then the respondent No.2 shall get it verified in terms of the bye-laws of the PDA and shall examine the objection of the petitioner and pass an appropriate order in accordance with law within next four weeks, after affording reasonable opportunity of hearing to the petitioner including opportunity to file a compounding application in the event the construction is found compoundable in accordance with law," the Court recorded..The bench further clarified that if any portion of the construction was found not compoundable, the PDA would be at liberty to proceed in accordance with law..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.