Bombay High Court
Subhash Jainarayan Zanwar vs Union Of India, Through ... on 17 May, 2021
Bench: S.B. Shukre, Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Suo-Motu P.I.L. No.4 of 2020
(Court on its own motion vs. Union of India and Ors.)
with
P.I.L. No.10 of 2020
(Subhash Jainarayan Zanwar vs. Union of India and Ors.)
with
P.I.L. No. 25 of 2020
(Advocate Kamal s/o. Lakhmichand Satuja .vs. Union of India and Ors.)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr.S.P.Bhandarkar, amicus curiae for petitioner.
Mr.U.M.Aurangabadkar, ASGI with Mr.Santok Singh Sokhi,
Advocate and Mr.Deshmukh, Advocate for respondent no.1.
Mrs. Ketki Joshi, G.P, Mr. D.P. Thakare, Addl.
G.P. & Mr. N.S. Rao, A.G.P. for respondent nos. 2, 5, 6, 8 &
9.
Mr.S.M.Puranik, Advocate for respondent no.4.
Mr.B.G.Kulkarni, Advocate for respondent no.10.
Mr.C.S.Samundra, Advocate for MADC.
Mr.M. Anilkumar, Advocate with Ms Rukhsar Sheikh, Ms
Shweta Burbure and Ms Mitisha Kotecha, Advocate for
Intervenor/applicant (C.A. No.5775 of 2021 & 692 of
2020 in P.I.L. No.4 of 2020).
Dr. Tushar D. Mandlekar with Mr. Rohan Malviya, Advocates
for respondent No.13 - Dr. Shishir Kolhe - Intervenor.
Dr.P.K.Arora, in-person in CAO No.723 of 2021.
Mr.Ram Heda, Advocate for Applicants in Civil Applications
C.AO. St. Nos. 4987 of 2021 and 4988 of 2021.
Mr.Nitin Lambat, Advocate for Railways.
(Ms Sushma Advocate for Respondent No.1).
Mr. Nitin P. Lambat, Advocate for Indian Railways.
Mr. Vaibhav Bhure, Advocate for intervenor.
Mr. Aditya Goyal, Advocate for intervenor.
Mr. S.S. Sanyal, Advocate for Maharashtra Pollution Control
Board.
Mr. V.R. Bhute, Law Officer, Collector Office, Nagpur.
Mrs. Mugdha Chandurkar with Mr. Rohan Chandurkar,
Advocates for W.C.L.
Mr.Vikram Trivedi, Advocate for respondent no.20.
Mr.Ray Chaudhari, Senor Advocate with Mr.Akshay A. Naik,
Advocate for respondent no.22.
Mr.Ameya Moharir, Advocate for respondent no.24.
Mr.Jatin Kumar, Advocate with Mr.Pratik Joshi, Advocate
for respondent No.25 - Vidarbha Industries Association.
Mr.Anil S.Mardikar, Senior Advocate with Mr.Arun
Agrawal, Advocate and Mr.Kunal Nalamwar, Advocate for
intervenor.
Mrs.Trupti Chimote, Law Officer, Divisional Commissioner
Office, Nagpur.
Dr.Anjan Ray, Senior Advocate for Indian Institute of
Petrochemicals.
Mr.S.V.Sirpurkar with Mrs. (Dr.) R.S. Sirpurkar, Advocate for
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applicant/intervenor.
Mr.P.D.Meghe, Advocate for Intervenor.
CORAM : SUNIL B. SHUKRE &
AVINASH G. GHAROTE, JJ.
DATE : 17.5.2021.
Heard.
2. There is a typographical error which has
appeared in paragraph 31 of the order dated 5th May,
2021 as pointed out by Mr. Aurangabadkar, learned
ASGI. The amount contributed under CSR by MOIL
is of Rs.3.50 crores, but in this paragraph the
contributed amount has been stated to be Rs.3.35
crores. The figure of Rs.3.35 crores be substituted by
the figure of Rs.3.50 crores. Similarly, in paragraph
13 of the order dated 12th May, 2021, as pointed out
by Mr. Sudhir Puranik, learned counsel appearing for
NMC, a correction to the typographical error is
required. Dr. Ray Chaudhari, Senior Counsel had
appeared for Hindustan Antibiotics and, therefore,
the words "Maharashtra Antibiotics" appearing in 2nd
and 3rd line in paragraph no.13 be substituted by
words "Hindustan Antibiotics". Necessary corrections
be made forthwith.
3. Taking cognizance of the concerns
expressed by the District Bar Association, Nagpur
which is already conveyed to this Court by Mr. Anil S.
Mardikar, learned senior counsel through Civil
Application No.341/2021 and also other applications,
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the Principal District Judge has issued a revised SOP
providing for spelling out various steps for preventing
spread of Covid-19. These steps include regulation of
number of courts which would function everyday, the
court working hours and the staff members who
would be coming to the District Court everyday. The
other steps relate to E-filing of urgent matters with
facility to also physically file matters by putting them
in the drop-box, hearing through video conferencing,
production of the accused persons as far as possible
through virtual mode, making of separate
arrangement for recording of statements of
witnesses/accused under Section 164 of the Criminal
Procedure Code, making preparations for judgments,
restricting use of lifts and so on and so forth. This
SOP has been approved by us and it is kept on record
and marked as "F1" for identification. This SOP, as
directed by us, would also be made applicable to all
the Courts in the Nagpur district.
4. We direct the Registrar (J.) to bring this
SOP to the notice of the Principal District Judge of
rest of the districts in Vidarbha Region with a request
to them to consider applying this SOP within their
respective districts and make a report to this Court
within one week.
5. Respondent No.6 has filed an application
bearing Civil Application No.341/2021 seeking
approval of this Court for issuance of work-orders to
the company named in this application which is W-2-
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E Engineering Private Limited, Noida, Uttar Pradesh.
The detailed chart of the work-orders required to be
issued for the purpose of setting up of the oxygen
plants has been given in this application. In this
chart at serial Nos.7 and 8, names of two institutions
Shalinitai Meghe Hospital, Wanadongri, Nagpur and
Lata Mangeshkar Rural Hospital, Hingana Road,
Nagpur appear. Against their names, 100 cubic meter
per hour generation capacity of each oxygen plant
has been proposed to be set up at the cost of
Rs.1,74,64,000/- each. As pointed out by
Mr.Bhandarkar, learned Amicus Curie, learned
Government Pleader and learned counsel appearing
for the respective parties, these institutions are run by
private managements presently, as informed by the
District Collector, Nagpur and they are providing free
of costs treatment to Covid patients. Mr.
M.Anilkumar, learned counsel appearing for the
intervernor / applicant, on instructions, submits that
these hospitals are providing Covid treatment by
taking nominal charges. These being the private
institutions, it is expected that these institutions also
make their own contributions for setting up of the
oxygen generation plants. However, no response
whatsoever in this regard has been received from any
of these institutions. We would, therefore, direct
these institutions to submit their details about their
ability or otherwise to set up oxygen generation
plants at their costs at their respective hospitals and
their financial capacity to undertake such projects at
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their respective hospitals. These details may be
forwarded to respondent No.6 - Collector, Nagpur,
who shall in turn place the same before this Court on
or before the next date of hearing. We, however,
clarify that in case any financial assistance is required
by these institutions, this Court would certainly
consider making available such assistance
appropriately. We, therefore, put on hold the
proposals for issuance of work-orders to the
institutions appearing at serial Nos.7 and 8 in the
chart given in the application till further orders.
6. As regards the remaining proposals for
setting up the oxygen plants, which appear from
serial Nos.1 to 6, considering the total costs of these
projects which comes to Rs.14,96,24,000/- as against
the CSR funds available as of now amounting to
Rs.15.38 crores contributed by WCL, CIL and MOIL,
we are of the view that since the total cost is almost
according to the propose for which the CSR
contribution has been made by these public sector
companies and also the fact that the proposals are in
accordance with the circular dated 23rd March, 2021
issued by Ministry of Corporate Affairs , Government
of India, we grant our approval to these proposals
and accordingly respondent No.6 may issue the work-
orders to the companies as per the details given in the
chart as regards the proposals from serial Nos.1 to 6
on or before the next date of hearing.
7. We also grant further time of sixteen
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weeks from the date of issuance of the work-orders
for setting up and making functional oxygen plants in
respect of which the approval is just given by us.
8. In the application No.341/2021 in
paragraph nos.5 and 8, it is stated that further
amount of Rs.9 crores is likely to be received from
different companies from out of CSR funds. However,
in paragraph No.7, it is stated that an amount of Rs.9
crore is received from other companies. The names of
these companies which have sent the CSR amount or
which are likely to send the CSR amount are not
given in the application. We direct the respondent
no.6 to clarify the issue or or before the next date of
hearing.
9. We also direct the respondent no.6 to
inform the companies, which would be making their
respective contributions under their Corporate Social
Responsibility to make their respective contributions
for undertaking various activities related to Covid-19
treatments and managements under Item Nos.(i) and
(xii) of Schedule VII relating to promotion of health
care, including preventive health care and sanitation
and disaster management in accordance with the
Circular dated 23/3/2020 Ministry of Corporate
Affairs, Government of India and not to pass any
specific resolutions for any particular activity under
the head of Covid Management while making their
contributions under the CSR.
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10. Mr. M. Anilkumar, learned Counsel for the
intervenor/applicant has filed application today
praying for directions to be issued for making
available the drug Amphotericin, which is presently
being used for treating the patients infected with
fungal disease called "Mucormycosis", commonly
known as "Black Fungus" disease. In the application it
is stated that presently there is a shortage of this
drug. This Court is not aware of any protocol having
been devised by the Central Government and/or State
Government for combating the Black Fungus disease.
It is also not known as to which drugs are expected to
be the part of standard treatment to be given to the
patients having Black Fungus disease. We shall be
benefited if the State Government apprises this Court
on this issue. The parties are also at liberty to
enlighten this Court on this aspect.
11. On the next date of hearing the VIA to
submit a chart, giving names of the companies, the
funds available under the CSR head and the proposal
of the company for spending the CSR fund.
12. Stand over to 19/05/2021 at 11:00 a.m.
JUDGE JUDGE
SSJaiswal
