The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24050 of 2024 Moon Hospitals Pvt. Ltd. Mahanadi Vihar, Cuttack and another ..…... Petitioner(s) Mr. Dwarika Prasad Mohanty, Adv. -Versus- The Commissioner-cum-Secretary, Health and Family Welfare Department, Bhubaneswar & Ors..……. Opposite Party (s)
Legal Reasoning
Ms. J. Sahoo, ASC Mr. Dayananda Mohapatra, Sr. Adv. along with associate for O.P.3 CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 06.02.2025 Order No. 04. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed by the Petition with the following prayer: Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Feb-2025 18:44:24 “The Petitioners therefore pray that in view of the facts and circumstances stated above this Hon'ble Court may be graciously pleased to admit this writ application, after hearing the parties allow the same and pass an appropriate writ, direction or order directing the Opposite Party No. 3 to take appropriate action, dispose of the application for grant of regularized building plan as per the application under Annexure-4 and grant such regularized 2 building plan at the earliest within the stipulated period to be fixed by the Hon'ble Court, enabling the Petitioner No. 1 to submit the same before the Opposite Party No.7 within due time for renewal of the MoU of the BSKY scheme in the appropriate process. And pass an appropriate writ/ direction or order directing the Opposite Party Nos.6 & 7 to either not to discontinue the BSKY MoU with the Petitioner Hospital for a suitable period till the proceeding before the CDA is completed granting the regularized building plan in favour of the Petitioner Hospital enabling the latter to make the application for renewal appropriately or provisionally grant the renewal of the BSKY MoU with the Petitioner Hospital for a suitable period in the manner indicated above.” 4. Learned counsel for the Petitioners submits that the Petitioner No.1 is a Private Limited Company registered under the Companies Act and running a Hospital named “MOON HOSPITAL” in rented premises. He further submits that the Petitioner No.2 construed three storied building over Plot No.1141 after obtaining due permission from the Opposite Party No.3/the Cuttack Development Authority bearing BP No.238/2008 communicated to her vide memo No.7938 dated 13.03.2008. He further submits that the building was constructed for residential purpose. After completion of the building of the Petitioner No.2, the Petitioner No.1/Hospital came to occupy the building for the purpose of functioning of the Hospital by duly executing the rent agreement. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Feb-2025 18:44:24 5. Learned counsel for the Petitioners further contends that the Petitioner No.2 made an application to the Opposite Party No.3/the 3 Cuttack Development Authority for regularization of the building plan and conversion from residential to commercial. In the meantime, strict instructions were issued by the Government for compliance of the fire safety regulation under the Odisha Fire Prevention and Fire Safety Rules, 2017 amended in the year 2019 which governs all the Hospitals operating throughout the State. Accordingly, the Petitioner No.1 had applied for permission to the Director of Fire Service/Opposite Party No.4 for grant of necessary Fire Safety Certificate. After due verification and inspection, the Opposite Party No.4 through the Asst. Fire Officer/the Opposite Party No.5 granted the Fire Safety Certificate in favour of the Petitioner. 6. Learned counsel for the Petitioners further submits that the Petitioner No.1/Hospital is an empanelled Hospital for treatment of the patients under the BSKY Scheme framed by the Government of Odisha. On 27.03.2024, the Government of Odisha circulated a notification to all empanelled Hospitals under the BSKY Scheme to strictly comply the Fire Safety Regulations and obtain necessary Fire Safety Certificates for continuance of the BSKY empanelment. He further submits that the Fire Safety Certificate granted in favour of the Petitioner No.1/Hospital was valid up to 17.06.2024. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Feb-2025 18:44:24 7. Learn counsel for the Petitioners further contends that since the proceeding before the CDA is pending consideration, the Petitioner 4 No.1/Hospital is not in a position to make application for renewal of the MoU for continuance of the BSKY Scheme. Hence, the Petitioner is constrained to approach this Court. 8. Learned counsel for the State submits that the Fire Department has indicated certain shortfalls in the Fire Prevention and Safety Inspection report dated 14.12.2024. If the Petitioners remove those shortfalls, the Opposite Party No.5/Assistant Fire Officer, Cuttack has no objection in issuing the Fire Safety Certificate. 9. On the other hand, the learned counsel for the Petitioners submits that in the meantime, the Petitioners have removed all the defects as indicated in the Inspection Report dated 14.12.2024. 10. In such view of the matter and considering the submission made by the learned counsel for the parties, this Court is of the view that, if the defects have been removed by the Petitioners as indicated in the Fire Prevention and Safety Inspection Report dated 14.12.2024, the Fire Safety Department shall take prompt steps in issuing the Fire Safety Certificate in favour of the Petitioner No.1/Hospital in accordance with law. It is made clear that, if the Petitioners have not cured the defects as pointed out in the inspection report dated 14.12.2024, the Fire Safety Department shall not issue the Fire Safety Certificate. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Feb-2025 18:44:24 11. In the meantime, the Opposite Party No.1/Secretary, Health and Family Welfare Department, Government of Odisha shall allow the 5 Petitioners to continue the empanelment of the BSKY Scheme till the Fire Safety Certificate to be issued by the Opposite Party Nos.4 and 5. 12. Accordingly, the Writ Petition is disposed of. Judge Murmu ( Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Feb-2025 18:44:24