Unauthorized use of a building for a nursing home without permission violates urban planning laws and may result in rejection of compounding proposals.

JUDGMENT :

1. Counsel for the parties are agreeable that the matter be heard and decided at this stage itself without calling for affidavits from respondents. Accordingly, the present writ petition is being taken up for consideration.

2. Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Udayan Nandan and Shri Ashok Kumar Dwivedi, learned counsel for the petitioner and Shri D.S. Chauhan, learned counsel appearing for the respondent nos. 2 and 3. The State-respondents, namely, respondent no. 1 and 4 are represented by learned Standing Counsel.

BACKGROUND:

3. In the present writ petition, the petitioner seeks to challenge an order dated 17.10.2022 passed by the Vice-Chairman of Bareilly Development Authority[BDA] rejecting the proposal for compounding of the nursing home of the petitioner. Further under challenge are the orders/letters both dated 22.10.2022 informing the petitioner, respectively, that as per the approved layout, on a residential plot, a nursing home cannot be sanctioned, therefore, the proposal for compounding of the nursing home has been rejected by the Vice-Chairman on 17.10.2022, and, that within 15 days the admitted patients in the nursing home be transferred to another nursing home and the premises be vacated, failing which, the premises of the nursing home would be sealed. Further, mandamus has been sought commanding the respondents not to interfere in the peaceful running of the nursing home in question and for commanding respondents to decide the application of the petitioner dated 3.10.2022 for change of land use.

4. It is stated in the writ petition that by means of a sale deed dated 12.5.1997, House No. 35/2, Rampur Garden, Bareilly was purchased by the Managing Director of the petitioner for establishing a hospital. A nursing home was constructed over the plot in question and a certificate of registration was obtained from the Chief Medical Officer, Bareilly, in the year 2004. It is stated that the nursing home has been running continuously in the aforesaid premises and was also issued a certificate of renewal of medical establishment by the office of the Chief Medical Officer, Bareilly on 17.5.2022. It is stated that on 18.2.2020, the Executive Engineer of the respondent no. 2, BDA, issued a communication to the petitioner that the constructions raised by the petitioner are not in accordance with the building bye-laws and, therefore, a total amount of Rs. 81,62,123/-is liable to be deposited by the petitioner toward compounding of the constructions in question. It is stated that the demanded amount was deposited on 30.9.2022 by cheque and through cash. Thereafter, by a communication dated 1.10.2022, the petitioner was directed to shift the patients in the nursing home to another hospital and vacate the nursing home by 3.10.2022 failing which the premises of the nursing home would be sealed. The petitioner submitted a letter dated 3.10.2022 along with an affidavit seeking land use conversion of the premises as per the guidelines and for that purpose the petitioner deposited a sum of Rs. 50 Lacs by cheque. It is stated that without considering the application of the petitioner for change of land use, the aforesaid impugned orders/communications dated 22.10.2022 were issued. It has been stated that the order dated 17.10.2022 passed by the Vice-Chairman of the BDA has not been served on the petitioner. Copies of the minutes of the 82nd, 83rd and 84th meetings of the Board of the BDA have been enclosed in an effort to demonstrate that conversion of land usage was permissible under the circumstances.

SUBMISSIONS OF THE LEARNED COUNSEL:

5. Learned counsel for the petitioner has strongly urged that the petitioner has been running the nursing home for approximately 20 years without any break, which nursing home has been duly registered by the Chief Medical Officer. It is contended that the bonafi