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2024 Supreme(SC) 192

J. K. MAHESHWARI, K. V. VISWANATHAN
District Appropriate Authority Under The PNDT Act And Chief District Health Officer – Appellant
Versus
Jashmina Dilip Devda – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjay Parikh, Sr. Adv. Ms. Rashmi Nandakumar, Adv. Ms. Rashmi Nandakumar, AOR
For the Respondent(s): Mr. Hemal Kiritkumar Sheth, AOR Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Hemantika Wahi, AOR

JUDGMENT :

1. Leave Granted

2. In the present appeal, the issue concerns the interpretation of power of Section 20(1) & (2) and Section 20(3) of the Pre-conception and Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 (hereinafter to be referred to as the “PC&PNDT Act”) for cancellation, suspension or suspension in public interest respectively by the appropriate authority specified in Section 17 of the PC&PNDT Act.

3. The brief facts are that the respondent no.1 is running a hospital at Ahmedabad by the name of “Dev Hospital” which is a type of polyclinic having doctors from multiple branches like gynecology, general physician and general surgeon treating patients in the said hospital. The hospital was registered under the PC&PNDT Act and the said registration was valid up to 23.05.2015. On the basis of one complaint made by Shilpa Punani of Wadhwan District Surendranagar, an inspection of the hospital was conducted on 21.10.2010. During inspection, the appropriate authority and its team found some lapses contravening the provisions of PC&PNDT Act. Consequently, the sonography machine operated in the hospital was seized. On 25.10.2010, the appropriate autho

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