Published On : Wed, Feb 3rd, 2016

HC notice to top NMC boss over running of sonography, physiotherapy centres from flats

Nagpur: The Nagpur Bench of Bombay High Court issued a notice to Municipal Commissioner after hearing a petition objecting running of a sonography and physiotherapy centres in Indora-based residential apartment. The centre is located in Karamsheel Apartment in the area.

The petition has been filed by senior journalist with Maharashtra Times Ravi Gajbhiye who stays in the apartment building and others. During the hearing, the Division Bench of Justice Bhushan Gavai and Justice Pradeep Deshmukh ordered issuance of notices to Municipal Commissioner, NMC’s Health Officer, Ward Officer of Ashinagar Zone, Sonography Centre’s Dr Ashish Bhavatkar and Physiotherapy Centre’s Rashmi Bhavatkar and directed them to file their replies within the next three weeks.

According to petitioners, the said apartment building has been permitted for residential purpose only. But still, the Bhagvatkar couple has been found running the sonography and physiotherapy centres in their flats no. 101 and 102. While selling the two flats to Bhagvatkar couple the builder had specifically asked them not to use the flats for commercial purpose. The couple had, at that time, agreed in writing that the two flats of theirs will not be used for commercial activities. But still the couple has been found using their flats for commercial purpose and the NMC has given permission to them for doing so, said the petition.

The petitioners further contended that the NMC’s Health Department, while permitting the Bhagvatkar couple to run the commercial centres, had not consulted the Town Planning Department in this regard. Subsequently, the matter was taken up with the Municipal Commissioner and Town Planning Department. Later, in its report, the Town Planning Department had termed the permission to run the centres as illegal. The Health Department claimed that it has the authority to give permission to run the sonography centre under PCPNDT Act. However, taking permission of Town Planning Department is also mandatory under Section 6 of Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, 1994. Moreover, the Town Planning Department report further said that the Municipal Commissioner has right to take action against illegally run sonography centre in accordance with the Section 53 of the Act, said the petition and requested the High Court that action should be initiated in accordance with the report of Town Planning Department.