AJIT PRAKASH SHAH, S.MURALIDHAR
Delhi Medical Association – Appellant
Versus
Union Of India – Respondent
S. Muralidhar, J.
1.1 These petitions and appeals raise similar questions and are accordingly being disposed of by this common judgment. The lead petition, Writ Petition (C) No. 4233 of 1993 by the Delhi Medical Association seeks a declaration that Rule 3 of the Delhi Nursing Home (Amendment) Rules 1992 is ultra vires the Delhi Nursing Homes Registration Act 1953 („Act?) and is also arbitrary and discriminatory and therefore violative of Articles 14 and 19 (1) (g) of the Constitution of India. The other prayer in the writ petition is for a direction to the Respondents not to give effect to the said Rule 3 and to register all nursing homes which are eligible for registration under the Act without insisting on the fulfillment of the conditions prescribed under the impugned Rule 3.
1.2 It was submitted at the outset by counsel for the petitioners that with the changes brought about by the Master Plan for Delhi (MPD) 2021 and the introduction of the mixed land use norms, the questions arising in the present batch of petitions ought to be left unanswered and that the petitioners? case be directed to be considered by the Respondents under the new norms. This Court is not inclin
Bangalore Medical Trust v. B.S. Muddappa (1991) 4 SCC 54
G.N. Khajuria (Dr) v. Delhi Development Authority (1995) 5 SCC 762
M.C. Mehta v. Union of India (2006) 3 SCC 399 : 2006 (87) DRJ 8[SC]
M.I. Builders (P) Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464
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