- (1.) Heard Shri Somesh Khare, learned counsel for the petitioners and Shri Manas Bhargava, for the respondents. The release application has been filed in the year 2010 for the need of the landlord for expansion of his clinic and also to install other units like pathology, X-ray and construction of O.P.D., compounder room, and waiting rooms for the patients.
(2.) The facts of the case are that adjacent to the shop in which the landlord is running his clinic there are five shops adjacent to each other. The release application has been filed for the bonafide need of expansion of clinic for providing facilities to the patients. In paragraph -6 of the release application, the need set up by the landlord is as under:- "6.That according to the large number of patients the petitioners have no ample accommodation with him, where he can arrange his reception room, patients' waiting room, compounder's room, dressing room and private wards to treat and to admit his patients. The petitioner also needs additional space to set up a full fledged Lab equipped X-ray and auto analyser for pathology etc. for the patients admitted as well as day care O.P.D. Patients."
(3.) In the written statement specific objection taken by the petitioners was that the landlord had no requirement of compounder room, dressing room, and private wards as these requirements could only be for a nursing home and not for the clinic and there was no proposal for opening the nursing home. As far as other requirements are concerned,no practicing doctor require these facilities at his clinic.;