HC notice to Delhi govt on medical association's plea over fire safety permit for nursing homes
May 11, 2022
New Delhi [India] May 11 : The Delhi High Court on Tuesday issued notice to the Delhi government on the petition moved by the Delhi Medical Association (DMA) on the issue of fire safety permit for nursing homes constructed on the mixed land use residential plots.
The petition says the norms for residential development would apply to such nursing homes.
Justice Yashwant Varma observed since the respondents are duly noticed and represented by learned counsel, let a counter affidavit be filed on the petition within six weeks. The matter has been listed on August 26, 2022, for further hearing.
The bench also granted the oral prayer of the petitioner to implead the Delhi Development Authority (DDA) as a party respondent. The Court directed the petitioner also to file an amended memo of parties within one week.
Senior Advocate Rakesh Khanna, counsel for the petitioner, submitted that once the Master Plan permits a residential plot being put to mixed use, it would be the norms applicable to residential development which would apply.
It was also submitted that the requirement of a Fire Safety Permit as the Nursing Homes are being required to obtain would not sustain. The norms as prescribed for residential house are in any case being adhered to by Nursing homes.
On the other hand, Standing Counsel for Delhi Government Santosh Tripathy drew the attention of the court that the requirement of a Fire safety Permit flows from a separate statute and which mandates that permit be obtained the moment the height exceeds 9 meters.
