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M/s. Billroth Hospitals Ltd. v/s The State of Tamil Nadu & Others

    IA 48599 of 2020, in Petition(s) for Special Leave to Appeal (C) No(s). 13419-13421 of 2019

    Decided On, 27 May 2020

    At, Supreme Court of India

    By, THE HONOURABLE CHIEF JUSTICE MR. S.A. BOBDE
    By, THE HONOURABLE MR. JUSTICE A.S. BOPANNA & THE HONOURABLE MR. JUSTICE HRISHIKESH ROY

    For the Petitioner: Neeraj Kishan Kaul, Sr. Advocate, Samir Ali Khan, AOR, Bhuvan Mishra, Abhimanyu Jhamba, Advocates. For the Respondents: S. Nagamuthu, Sr. Advocate, M.A. Chinnasamy, AOR, C. Rubavathi, P. Krishnan, Advocates, Balaji Srinivasan, AAG, T.R.B. Sivakumar, AOR, B. Vinodh Kanna, AOR.



Judgment Text


Heard learned counsel for the parties.

By order dated 03.06.2019, this Court stayed the demolition of the 4th floor to the 8th floor of the petitioner-Hospital. This Court, however, did not permit the use of the 4th,5th,6th and 7th floors for any activity of the hospital, or for any other purpose because the said construction was found to be unauthorised and without sanction.

However, by this application the petitioner-Hospital has prayed for permission to use the 4th to 7th floors of the Hospital during the pendency of the present petition on the ground that the State of Tamil Nadu needs additional in-patient beds for treatment of the Covid-19 patients in view of the current pandemic.

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 State of Tamil Nadu may utilize the services of any agency, including the petitioner-Hospital for the purpose of said treatment.

This order, however, will not create any rights in favour of the petitioner-Hospital and have no bearing on the question of regula

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rization of the said premises which is sought for in the petitions. Order accordingly. IA 48599/2020 is disposed of accordingly.
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