MHC imposes costs on pvt hosp & TNPCB for carrying out construction without permission

CHENNAI: The Madras High Court imposed Rs 25 lakh as cost on MGM Healthcare, a private hospital, for constructing a building without planning permission and also directed the Chennai Corporation and Chennai Metropolitan Development Authority (CMDA) to pay Rs.5 lakh each, Rs.2 lakh cost imposed on Tamil Nadu Pollution Control Board (TNPCB) for not taking action against the hospital management.

A division bench comprising Justice R Subramanian and Justice R Sakthivel flayed the State officials with strong language terming them as "criminals" having a nexus with hospital administration and getting money from the hospital for not taking action.

Further, the judge directed the State and the hospital administration to pay the cost to Adyar Cancer Institute. '

The cost imposed must be recovered from the officials who failed to take action against the hospital for constructing the building without permission, observed the bench.

After the CMDA submitted that planning permission had been granted in favor of the hospital, the bench vacated the interim injunction imposed on MGM Healthcare from carrying out the construction.

Further, the bench directed the hospital administration to carry out the construction without breaching the pollution norms and ambient noise level. Further, the bench directed the State to monitor the construction continuously and take action if any irregularities are found.

The bench pointed out no action has been taken to the complaint made by St Francis Xavier school at Alwarpet, near the hospital's construction site stating that due to the piling work the school's building is getting damaged and requested to stop the piling work.

Further, the bench wondered about the report submitted by the CMDA stating that MGM Healthcare has stopped the construction and the school administration has failed to get planning permission for their building.

Pointing out the report, the bench observed that the report was tailored to threaten the school administration for making a complaint about the hospital's construction and summoned the CMDA official who filed the report.

Senior counsel G Rajagopalan moved the Madras High Court seeking to direct the State to take action against MGM Healthcare for seriously violating the pollution norms while constructing their hospital building at St Marys Road, Alwarpet.

The senior counsel contended that without getting any planning permission from CMDA the hospital administration is continuing with its construction illegally. The piling work for the construction is taking place from early morning to midnight, causing huge noise which disturbs the residents near the construction sites.

The counsel also contended that the hospital administration is carrying out the construction breaching the pollution norms and ambient noise level.

"Since he is residing near the construction site, his wife having medical complications facing trouble by the construction, and many of the residents also encountering distress," he added.

"No action has been taken by the CMDA, Chennai Corporation, and TNPCB for his representation regarding the illegal construction," said the counsel.