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| HC seeks clarification from authorities on building permission & clinical registration for nursing homes | | | Early Times Report
JAMMU, May 9: Justice Mokash Khajuria Kazmi of Jammu & Kashmir and Ladakh High Court sought comprehensive details from multiple authorities and respondents regarding alleged illegal construction and operation of a nursing home without proper permissions.
This order has been passed by Justice Moksha Khajuria Kazmi while hearing the matter pertains to objections raised under Section 8(1) of the Control of Building Operations Act, 1988. The Court directed respondents to submit the building permission, if any, granted either to private respondent or his father.
The official respondents were also directed to file an affidavit specifying any violations committed by the private respondents in operating their nursing home, and explain why no action was taken under Section 8(1) of the Act, if violations indeed exist.
The petitioner had argued that the Municipality, in its objections, had refrained from initiating action under the said Act due to status quo orders passed by civil courts in earlier litigation but such stay orders have now been vacated and are no longer in operation.
The Additional Advocate General representing Respondents was instructed to submit an additional affidavit addressing the status of permission granted under the Clinical Establishments (Registration and Regulation) Act, 2010.
High court ordered that the affidavit must also clarify the basis for the provisional registration extended till March 2026 and whether the notified standards under Section 23 of the Act have been complied with.
The Municipality was further directed to conduct fresh measurements of the properties owned by both the petitioner and the private respondents and submit the same on record through an affidavit, with an advance copy to the opposing party.
—JNF |
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