Friday, February 27

Residential Flat Used as Hospital Without Permissions Sparks Contempt Proceedings

Thane: The functioning of a hospital inside a residential flat without mandatory civic approvals has come under sharp judicial scrutiny, raising serious concerns about patient safety, infrastructure standards and regulatory compliance.

The matter was heard by the Bombay High Court, where a bench comprising Justices Ravindra V. Ghuge and Abhay J. Mantri expressed shock at the conduct of a civic officer who sought additional time to consider a regularisation application, despite admitting that the hospital lacked required permissions.

The case originated from a writ petition filed by New Devashish Co-operative Housing Society Ltd, challenging the continued operation of a hospital inside a flat in a residential tower. The society alleged that LPG and oxygen cylinders were being stored on the terrace, with pipelines laid down to the hospital operating within the apartment.

From a medical governance and safety standpoint, the storage of oxygen cylinders in non-designated residential areas raised significant fire and hazard concerns. Improper handling of such materials in housing complexes poses risks not only to patients but also to other residents.

Earlier, on November 14, 2025, the High Court had disposed of the plea after Maheshkumar Jamnor, Assistant Municipal Commissioner of the Naupada-Kopri ward committee under the Thane Municipal Corporation, assured the court that an inspection would be conducted and corrective measures completed by February 15.

However, during the latest hearing, it was revealed that the court’s directions had not been complied with. The civic body’s counsel informed the bench that the premises had been inspected and empty oxygen cylinders were found stacked on the terrace. It was also admitted that no civic permission had been obtained to run the hospital, and regularisation inside a residential flat was not legally permissible.

Despite this, the officer sought a 15-day adjournment to process a regularisation application. Taking strong exception, the bench termed the conduct shocking and initiated suo motu contempt proceedings against Jamnor under the Contempt of Courts Act for disobeying its earlier order.

The court granted the officer seven days to file his affidavit in response. The bench also expressed displeasure over his failure to immediately apologise in court, remarking that institutional discipline must be upheld. Justice Ghuge orally observed that respect for the High Court must be maintained, warning that such defiance would not be tolerated.

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