HC stays order for demolition of building housing hospital in 'platelet-fruit juice' controversy
Prayagraj, Oct 28: The Allahabad High Court on Friday stayed the Prayagraj Development Authority's order for demolition of a private property which was let out for running a hospital, which was recently charged with laxity and sealed following the death of a dengue patient.
The family of the patient had alleged sweet lime juice was transfused to the patient instead of platelets. The district authorities dismissed the allegation but said the platelets transfused to the patient were stored in an improper way.
A bench comprising Justice S P Kesarwani and Justice Vikas Budhwar passed the order on a writ petition filed by the owner of the property, Malati Devi.
The counsel for the petitioner submitted that she has let out 18 rooms along with two shops to one Shyam Narayan at a rent of Rs 50,000 per month for 10 years. Narayan operates Global Hospital.
The counsel also submitted that on account of certain lapses by the aforesaid tenant, his hospital has been sealed by the Chief Medical Officer, Prayagraj.
For the first time, the petitioner received a notice dated October 19 on October 21 from the zonal officer of the Prayagraj Development Authority (PDA) in which it is mentioned that an order for demolition of the house was passed on January 11, 2022, whereas neither any notice nor any order of demolition had been received by her.
It has been stated that the construction over the land in question was made by the petitioner at the time when the area in question was not within the limits of the PDA and as such there was no sanctioned map of the property.
The counsel submitted that the petitioner is ready and willing for compounding illegal structure, if any, as per Section 32 of the Uttar Pradesh Urban Planning and Development Act, 1973 provided a reasonable opportunity is given to her.
The court observed, "In view of the statement made by the learned counsel for the respondent, we do not find any good reason to keep the writ petition pending and to call for counter affidavit."
"For all the reasons aforestated, this writ petition is disposed of giving liberty to the petitioner to file an objection within two weeks before the respondent raising all her grievances, along with a map of the house in question," the court said.
The court directed that for a period of six weeks or till the order as aforesaid is passed by the respondent whichever is earlier, no coercive action shall be taken by the respondents against the petitioner either pursuant to the demolition notice/ order or pursuant to the impugned sealing notice.
After a video claiming that sweet lime juice was transfused to the patient instead of platelets went viral on social media, the district administration swung into action and the hospital was sealed on October 20.
The patient, Pradeep Pandey, was shifted to another hospital, where he died after his condition deteriorated.
Prayagraj District Magistrate Sanjay Kumar Khatri has said the report of the sample collected from the hospital revealed that platelet, and not sweet lime juice, was transfused to the patient.
He, however, charged Global Hospital with laxity in the transfusion process, saying the reports showed the platelets were stored in an improper way which might have led to clotting.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
