The high court’s direction came after the AMC’s counsel submitted before the court that 151 hospitals were yet to comply with the HC order in December 2020.
A division bench of the Gujarat High Court on Friday granted “one last opportunity” to 151 hospitals under the jurisdiction of the Ahmedabad Municipal Corporation (AMC) to obtain a valid no-objection certificate (NOC) on fire safety from the civic body in the next four weeks.
The high court’s direction came after the AMC’s counsel submitted before the court that 151 hospitals were yet to comply with the HC order in December 2020, instructing establishments to prioritise fire safety despite subsequent public notice and warning from the AMC.
The division bench of Justices JB Pardiwala and Ilesh Vora directed the AMC to issue notice to non-compliant hospitals in its jurisdiction to obtain fire NoC, and to take action, including prohibiting the hospital from admitting new patients, in case of subsequent non-compliance.
The court also directed the state and AMC authorities, who are respondent parties in the original PIL, to file a report / affidavit with respect to the compliance of various other directions issued by the HC in December 2020.
Advocate Amit Panchal, who is pursuing a public interest litigation at the Gujarat HC since August 2020 following the fire incident at the ICU of Shrey Hospital in Ahmedabad that killed eight patients, moved an additional application seeking the court’s directions to remedy defaulting hospitals, which was taken up for hearing on Friday.
Panchal sought the court to direct the Ahmedabad Municipal Commissioner to produce a complete list of existing and functioning hospitals and nursing homes in the AMC limits along with a “complete list of defaulting hospitals and nursing homes”, which are existing and functioning without a valid fire NOC.
Panchal, appearing as party-in-person, also sought that the court issue notice to defaulting hospitals and seek an explanation for not complying with the HC directions as well as a public notice issued by AMC.
Panchal also submitted that the owner of each of the defaulting hospitals running without a valid fire NOC, are all “guilty as on date for not complying with the rules and regulations and they could be termed as irresponsible citizens”.
At the time of the HC’s order dated December 15, 2020, there were around 289 hospitals not possessing a valid fire NOC, of the total 2,247 hospitals operating in the AMC limits, as was submitted by AMC counsel Satyam Chhaya during hearing on Friday.
On December 21, 2020, the AMC issued a public notice informing all the “hospitals to obtain a valid NOC in accordance with the rules and regulations within 15 days, failing which legal steps would be taken”, submitted Chhaya before the court.
“It was expected of the corporation in such circumstances to immediately proceed to take appropriate action against all such erring hospitals… However, according to Mr Chhaya, these 151 erring hospitals are trying their best to install the necessary fire fighting equipment and comply with the other requirements…,” recorded the division bench.
The AMC further submitted that it was “confident that if some reasonable time is granted to these 151 hospitals, then they would be able to comply with all the necessary requirements and obtain a valid NOC”, adding that “there is a shortage of fire fighting equipment in the market and this is one of the reasons that the 151 hospitals have not been able to complete the installation”.
While Panchal submitted that “it is high time that the corporation starts taking strict action in accordance with law rather”, the bench deemed it fit to grant one last opportunity to the 151 hospitals.
“Although we are of the view that the corporation should have taken appropriate steps by now against all the 151 hospitals…, yet we would like to grant these 151 hospitals one last opportunity to obtain a valid NOC from the corporation in accordance with law. Whatever needful has to be done, shall be done by 26th February 2021… We direct the Corporation to issue notice to each of these 151 hospitals asking them to obtain the NOC. by 19th February 2021, failing which appropriate steps shall be taken,” the bench directed the AMC.
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