Government pulled up for inaction over hospital ramps

The Madras high court that had earlier directed the state government to ensure that all highrise hospitals in the state have ramp facilities for the benefit of the patients, staff and visitors in case of emergencies, has pulled up the State for not showing urgency in this regard. The first bench comprising of Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana, besides directing the Principal Secretary, Health, Member Secretary, Chennai Metropolitan Development Authority and The Secretary, Medical Council of India, to file counter affidavits within 3 weeks, also directed them to deposit Rs. 10,000 per counter affidavit with the mediation and conciliation centre of Madras High Court Campus. 

The bench in its order held that “despite repeated opportunities both on September 28, 2015 and on November 5, 2015, counter affidavits have not been filed except by the Director, Fire and Rescue Services. An urgency needs to be shown in the matter, especially after the incidents that have occurred, the safety of patients in Hospitals in case of evacuation becomes necessary.” 

It also directed the personal presence of all three officials with records, who were imposed a cost, on March 7 when the case will be taken up for further hearing. The petitioner Jawaharlal Shanmugam had sought the court to direct the government to provide ramp facility, as a mandatory rule from the top floor to the ground floor for easy evacuation of patients in all high rise buildings in the event of an emergency. It also sought for appropriate action for all violations including planning permission, fire safety rules and regulation violations. 

Hearing on unauthorised construction for Mahamaham 

The HC has directed the State to file a ‘better affidavit’ in connection with the rampant unauthorised construction at Kumbakonam, which is set to witness the once-in-12-year Mahamaham festival, and officials who had turned a blind eye to these. The first bench comprising Chief Justice Sanjay Kishan Kaul and Pushpa Sathyanarayana, while passing orders on a PIL filed in this regard, said it is pointed out in the affidavit that one of the buildings, an encroachment, was locked and sealed on December 12, 2015. 

However, the Housing and Urban Development Secretary Dharmendra Prathap Yadav had permitted de-sealing of the building on January 4, 2016 and a copy of the order was made available. But, an incomplete information has been disclosed before the Court through an affidavit on January 8, 2016 that the said premises had been sealed. 

Expressing surprise and shock that the premises has been desealed to carry out rectifications within six months, the bench said the whole building is unauthorised. Till the occupancy certificate is issued and if there are deviations, the building cannot be occupied in any part till all the deviations are remedied. It also directed the Secretary, Housing and Urban Development to appear personally in court on February 4, when the case is taken up for hearing.