Court dismisses case against existence of diagnostic centres and path labs in residential areas

A petition was filed to immediately close down all diagnostic centres, medical facilities, path labs, nursing homes and similar kind of other institutions in residential areas in the city

Chief Justice G Rohini and Justice Jayant Nath has dismissed the ongoing case titled ‘Paardarshita Public Welfare Foundation (NGO) Vs South Delhi Municipal Corporation & Ors’ bringing respite to the many medical establishments in New Delhi. The case saw intervention by the legal counsel of the Indian Medical Association, Rahul Gupta advocate who appeared and made submissions before the court against the petition made by an NGO to SDMC and other corporations. The petition demanded immediate close down of all diagnostic centres, medical facilities, path labs, nursing homes and similar kind of other institutions in residential areas in the city.

The petitioner argued referring to the Supreme Court judgement asking the closure of a path lab in Hauz Khas owing to the noise and air pollution it created. However, the IMA held its stand that the judgement made in Civil Appeal No.8284/2013 titled ‘Anirudh Kumar Vs Municipal Corporation of Delhi & Ors’ was made in respect to the facts and material evidence regarding the specific property and particular parties involved in that case. The court maintained that the judgement must and cannot be made applicable to all other existing medical establishments in the city.

Speaking about the issue, Dr A Marthanda Pillai, National President, IMA and Dr KK Aggarwal, Honorary Secretary General, IMA in a joint statement said that, “The Indian Medical Association is against the maintainability of this petition and believes that quoting the previous Supreme Court judgement against the closure of one path lab cannot be relied upon to seek orders and directions against the entire pathological labs, nursing homes and other medical centres in the city. We are happy with the court’s dismissal of the petition and believe that the residential medical establishments are essential given that even a few minutes can help save a serious patients life. We urge all medical establishments in residential areas to respect the health and rights of the people living around them and maintain the highest standards of service.”