New Delhi: The Supreme Court has asked Noida administration to ensure that no poly clinics or nursing homes are permitted in the residential area of the Capital`s satellite town and the same are allowed only in its earmarked commercial areas.
A bench of justices Swatanter Kumar and Ranjana Prakash Desai, however, said doctors can run their individual clinics in the residential areas, but the same should be purely on outpatient basis.
"A clinic simplicitor can be run by a doctor within such area as already specified, in his or her residence. This clinic would mean one as per the bye-laws.
"To put the matters beyond ambiguity, we clarify that the doctor can have his clinic with a table, a bed to examine the patient and such facilities which may be necessary to provide first aid. A dentist may have a dental chair in his clinic. Under this head, neither a polyclinic nor a nursing home can be run in the residential area.
"We also direct that no doctor would be permitted to run a polyclinic or a nursing home in the garb of a clinic," the apex court said.
The bench passed the orders while dealing with a bunch of applications moved by doctors seeking alternative land in view of the apex court`s last year December 5 order that no banks or nursing homes shall operate in the commercial areas.
The apex court had passed the order on a PIL complaining of mushrooming banks and hospitals / clinics in areas purely marked for residential purpose.
Noida administration had told the court that it had
prepared a scheme for allotment of space in commercial areas to run nursing homes with more than 10 but less than 30 beds, but there were no takers for it.
The apex court said the applicants shall be given land / premises at reasonable rates as may be determined by the competent authority in NOIDA within three months but clarified that the benefit would not apply to individual doctors.
"This exercise of inviting applications and allotting such land / premises should be completed within three months from today. The applicants have stated that their nursing homes have already been closed, but we make it absolutely clear that no nursing home shall run from a residential area henceforth.
"Coming to the applications made by individual doctors, we direct that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under this order.
"Therefore, the question of keeping the patients in the clinic overnight would not arise. The purpose of permitting a clinic is strictly in accordance with the directions of this court as already issued as well as the bye-laws," the bench said.