M/S New Life Diagnostic Port Blair And ANR v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/219/2025 M/s New Life Diagnostic Port Blair and another Vs.
The Lieutenant Governor and others Ms. Anjili Nag, Sr. Adv.
Mr. Adarsh Ilango ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents April 11, 2025 [SR] Item No.14 The present writ petition has been preferred primarily praying for issuance of necessary direction upon the respondents to grant permanent registration to the petitioner, namely, M/s. New Life Diagnostic Port Blair (hereinafter referred to as the firm) as a clinical establishment and to accord necessary consent to operate a health care facility clinic. Ms. Anjili Nag, learned senior advocate for the firm submits that upon compliance of necessary formalities, the firm was granted a provisional registration by the Administration, as would be explicit from the documents dated 21st September, 2021 and 12th October, 2022, as annexed at pages 22 and 23 of the writ petition. Subsequent thereto, the firm applied for permanent registration on 13th October, 2023. In response thereto, the firm was asked to submit a no objection/consent to operate from the Andaman and Nicobar Pollution Control Committee (in short, ANPCC).
She submits that a memo dated 9th September, 2021 was issued on behalf of the Administration observing, inter alia, that
the construction of Hospital Building is permissible in the Mixed Residential Land use zone. In view thereof, the firm's claim cannot be turned down on the basis of technicalities and upon insisting for any land conversion certificate. She further submits that on 25th April, 2024, the General Body of the District Registering Authority in its meeting with the other stakeholders expressed its opinion that without insisting upon the technicalities, the ANPCC can issue no objection even on provisional basis. Let a copy of the minutes of the meeting, as placed, be kept on record.
She further submits that enclosing all relevant documents, a representation thereafter was submitted on behalf of the firm on 12th September, 2024. In response thereto, however, ANPCC authorities are insisting for land conversion certificate, as would be explicit from the memo dated 16th March, 2025.
According to Ms. Nag, in view of the decision taken by the District Registering Authority, in the meeting dated 25th April, 2024, the matter needs to be reconsidered particularly when on behalf of the Administration it has been clarified that the construction of Hospital Building is permissible in the Mixed Residential Land use zone.
Mr. Shatadru Chakraborty, learned senior advocate enters appearance on behalf of the ANPCC and prays for leave to file affidavit-in-opposition.
Upon hearing learned advocates appearing for the respective parties and considering the materials on record, particularly the stand of the Administration as disclosed in the memo dated 9th September, 2021 and the minutes of the
General Body of the District Registering Authority held under the Chairmanship of the Deputy Commissioner dated 25th April, 2024, this Court is of the opinion that the petitioner's claim needs reconsideration by the ANPCC.
Accordingly, this Court directs the Chairman, ANPCC to reconsider the petitioner's representation dated 12th September, 2024 for no objection/consent to operate and to take a decision, upon granting an opportunity of hearing to the parties. The Chairman, ANPCC shall also consider as to whether, in the facts and circumstances of the case, a conditional or provisional no objection/ Consent to operate may be granted to the firm.
The Chairman, ANPCC shall communicate the final decision to the petitioner within a period of four weeks from the date of communication of this order.
As the writ petition has been disposed of without calling for affidavits, the allegations leveled against the respondents shall be deemed to have been denied.
With the above observations and directions, the writ petition is disposed of.
However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities.
( Tapabrata Chakraborty, J. )