Apex court to hear plea on nursing homes closure Tuesday

June 1st, 2009 - 7:55 pm ICT by IANS  

New Delhi, June 1 (IANS) The Supreme Court is to hear Tuesday a lawsuit challenging a Delhi High Court verdict ordering closure of around 10,000 nursing homes in the capital operating from residential areas in violation of building bye-laws.
A bench of Justice Markandey Katju and Justice Deepak Verma slated Tuesday for hearing of the lawsuit as senior counsel Mukul Rohtagi sought an urgent hearing to the plea by Delhi Medical Association (DMA) and several nursing houses.

A large number of nursing homes across the capital, operating in violation of building by-laws and land use norms face closure over the next six months following a high court order April 25.

The high court April 25 had dismissed a bunch of lawsuits by DMA and various nursing homes, challenging a 1992 amendment to the Delhi Nursing Home Rules for registration.

The law stipulated that nursing homes would not be registered unless they adhere to land use norms.

The high court had also rejected the petitioners’ request to leave the issue to the central and the Delhi Government to consider in accordance with the amendments to the Master Plan for Delhi-2021 and introduction of mixed land use norms.

The high court had ordered immediate closure of nursing homes that have been operating without valid registration for years and do not comply with all the requirements not only under the MPD-2021 but also under other statutes as well.

As for nursing homes that have applied for registration but have not yet been granted permission, the high court had given liberty to the authorities concerned to take action against them as per its judgment.

For nursing homes, which had approached the high court after applying for grant or renewal of their registration, the court had given them six months to shut down their business if they are unable to have themselves registered as per the Delhi Nursing Homes Registration Act, 1953, the rules and the law established in the judgment.

Besides, this category of nursing homes were also asked to secure approval in terms of the land use norms within eight weeks from the date of pronouncement of the judgement if they have not done it so far.

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