The High Court of Judicature at Madras had expected in its order dated 30.11.2017 in W.P. No. 31168 of 2017, that the respondents shall take appropriate action for removal of encroachments in the watercourse, which included the land comprising Survey No. 134 at Virudhachalam Town. There had also been a contempt petition filed in the High Court bearing No. 1635 of 2022, alleging non-compliance of the order so passed by the High Court.
The authorities concerned having, thus, been jolted into action, the building in question, said to be housing a multi-speciality hospital, also came to be marked for removal, for being an encroachment over the land of watercourse/water body. As against this action, the petitioner attempted to invoke writ jurisdiction of the High Court while suggesting entitlement over the building in question, with reference to a property tax receipt of the year 2021-22. However, the petitioner essentially made the submissions before the High Court that she was ready to move to the alternative arrangement but required some breathing time for the same.
In the impugned order dated 06.09.2022, the High Court referred to the requirements of removal of encroachments with reference to the various decisions of this Court including that in Jagpal Singh v. State of Punjab: (2011) 11 SCC 396; and found no reason to grant any indulgence. Hence, the petitioner seeks special leave to appeal.
While seeking some relaxation/leniency, the petitioner has essentially stated as under: -
“The petitioner herein beg before this Hon’ble Court some time to vacate the Hospital run by the Petitioner in the name and style of “Deivam hospital” at Ulundurpet Road, Vridhachalam. The said hospital in running with 15 beds, upto 15 visiting doctors, 10 para medics such Nurses, lab technicians, ANMS and 15 non technical staff such as helpers, cashier, accountant, receptionist etc. Further, it is respectfully submitted that at present 15 in-patients taking treatment in the hospital and regularly 50 to 100 patients visit the hospital as out-patients. Further, the hospital has operation theater, ICU and lab facilities available and also wards such as common words, Special rooms and delivery wards etc. are available with the hospital.” Learned senior counsel for the petitioner has also made a fervent plea for granting some time to vacate, particularly in view of the services being rendered in the hospital in question.
While rendering the health care services could be a laudable objective, establishment of a hospital for that purpose in the land of watercourse or water body cannot be countenanced. The reference to in-patients and other visiting patients is also seriously questionable, where a sympathy is sought to be gained with reference to their requirements.
We have no doubt that if the genuine case of a needy patient is before the revenue authorities, which include the District Collector, Cuddalore, they would take appropriate steps for ensuring alternative health care facilities to the patient concerned.
Though no relaxation as such appears available to the petitioner but, only for the purpose of extending some breathing time to the petitioner for removal of the moveables and making alternative arrangements, we are inclined to grant some time to the petitioner even without issuing notice to the respondents but, only until 10.10.2022.
Such a relaxation would be available to the petitioner only if she submits a specific undertaking to this Court supported by her affidavit within three days from today, that the building in question shall be vacated on or before 10.10.2022 and no hindrance would be caused in its removal after 10.10.2022; and further that she would not claim any compensation in regard to the removal of the encroachment as also shifting of movables. While removing the encroachment in question, the authorities shall, obviously, be expected to take appropriate care of the bona fide need of patients and provide them alternative medical support, if so required.
Having regard to the circumstances of the case, we are not disposing of this petition but would keep the same pending, while awaiting compliance from the petitioner as also from the respondents.
To avoid any ambiguity, we make it clear that another attempt to obstruct removal of encroachment was not countenanced by this Court, when we dismissed SLP(Civil) No. 15945 of 2022 on 19.09.2022, which was filed by Indra Nagar Residents Welfare Association while leaving it open for that petitioner to make appropriate request before the High Court as regards the prayer for alternative reliefs to its members, including that of rehabilitation. So far the present matter is concerned, a little breathing time is being provided to the petitioner subject to the undertaking as aforesaid only because of the reference to the likely difficulties of the patients, particularly indoor patients, who may require alternative arrangements. However, this order, in no way, absolve the authorities concerned from carrying out earnestly the task of removal of encroachments, as expected under the orders of the High Court.
List this matter on 17.10.2022.
A copy of this order be forwarded to the District Collector, Cuddalore, for appropriate compliance and then, for submission of compliance report.
No comments:
Post a Comment