Nagpur: In a major decision that could have far-reaching ramifications, the Nagpur bench of the Bombay High Court on Tuesday upheld the NMC fire department’s decision to declare three hospitals in a multi-storey commercial building – Yashodham – on West High Court Road as unsafe. . Failure to comply with safety standards.
Chief Justice Dipankar Dutta ruled that the three hospitals in the ground + 3-storey building should not admit any new patients and should discharge all the already admitted patients within seven days. “Hospitals should not be allowed to operate unless they comply with fire-fighting arrangements,” the court said.
The NMC was represented by Gemini Cassatt, while the petitioners were represented by Shantanu Ghate.
On March 25, 2021, the Fire and Emergency Services Department of the Nagpur Municipal Corporation issued a notice to Chaitanya Maternity and Nursing Home owned by Dr. Mangala Ghisad on WHC Road in Dharampeth for inspection of the premises. The fire brigade officials inspected the hospital located on the first floor of Yashodham Bhawan. During inspection, the team found several discrepancies in terms of fire fighting arrangements on all the floors. The ground floor is being used by the bank, while the 1st to 3rd floor is being used by the doctors – Dr. Mangala Ghisad (1st floor) and on the other two floors Dr. Dhananjay Ken (Cane Surgical Hospital) and Dr. Sunil Nerdy of M/s. is captured. Venkateswara Hospital.
During the inspection, the team found fire extinguishers only on the ground floor and first floor, while no other fire extinguishers were present on the other floors.
Subsequently, the department had advised occupants of measures such as fire alarm, smoke detection system, wet riser, sprinkler system, construction of a 10,000-litre capacity water tank on the roof and an underground tank with a capacity of 75,000 liters in 30 days . ,
However, the occupants did nothing during the 30-day period. On June 11, 2021, the department declared the building unsafe and asked its occupants to vacate the premises.
Later, two occupants – Dr Ghisad and Dr Ken – moved the high court challenging the fire department’s order to MSEDCL and OCWL to cut off electricity and water connections to the building.
Ghisad and Dr Kane, in their separate petitions, informed the HC that the building where they are running the hospital was sanctioned in 1982 and built in 1994-95, when the Maharashtra Fire Prevention and Life Safety Measures Act 2006 (MFPLSMA) was also not envisaged. ,
Defending the action of the fire department, NMC’s counsel Kasat informed the HC that MFPLSMA is a statutory provision and should be followed by all as the Act has been introduced to protect citizens from increasing fire accidents.
After hearing both the sides, the HC dismissed the plea of the petitioners and ordered the building-operated hospitals to discharge all admitted patients within seven days and allow the new patients to enter the premises on full compliance with fire safety. Ordered not to recruit.
Chief Justice Dipankar Dutta ruled that the three hospitals in the ground + 3-storey building should not admit any new patients and should discharge all the already admitted patients within seven days. “Hospitals should not be allowed to operate unless they comply with fire-fighting arrangements,” the court said.
The NMC was represented by Gemini Cassatt, while the petitioners were represented by Shantanu Ghate.
On March 25, 2021, the Fire and Emergency Services Department of the Nagpur Municipal Corporation issued a notice to Chaitanya Maternity and Nursing Home owned by Dr. Mangala Ghisad on WHC Road in Dharampeth for inspection of the premises. The fire brigade officials inspected the hospital located on the first floor of Yashodham Bhawan. During inspection, the team found several discrepancies in terms of fire fighting arrangements on all the floors. The ground floor is being used by the bank, while the 1st to 3rd floor is being used by the doctors – Dr. Mangala Ghisad (1st floor) and on the other two floors Dr. Dhananjay Ken (Cane Surgical Hospital) and Dr. Sunil Nerdy of M/s. is captured. Venkateswara Hospital.
During the inspection, the team found fire extinguishers only on the ground floor and first floor, while no other fire extinguishers were present on the other floors.
Subsequently, the department had advised occupants of measures such as fire alarm, smoke detection system, wet riser, sprinkler system, construction of a 10,000-litre capacity water tank on the roof and an underground tank with a capacity of 75,000 liters in 30 days . ,
However, the occupants did nothing during the 30-day period. On June 11, 2021, the department declared the building unsafe and asked its occupants to vacate the premises.
Later, two occupants – Dr Ghisad and Dr Ken – moved the high court challenging the fire department’s order to MSEDCL and OCWL to cut off electricity and water connections to the building.
Ghisad and Dr Kane, in their separate petitions, informed the HC that the building where they are running the hospital was sanctioned in 1982 and built in 1994-95, when the Maharashtra Fire Prevention and Life Safety Measures Act 2006 (MFPLSMA) was also not envisaged. ,
Defending the action of the fire department, NMC’s counsel Kasat informed the HC that MFPLSMA is a statutory provision and should be followed by all as the Act has been introduced to protect citizens from increasing fire accidents.
After hearing both the sides, the HC dismissed the plea of the petitioners and ordered the building-operated hospitals to discharge all admitted patients within seven days and allow the new patients to enter the premises on full compliance with fire safety. Ordered not to recruit.