D.S. Chaudhary vs Govt. Of Nct Of Delhi & Ors
2018 Latest Caselaw 403 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      W.P.(C)No.9222/2015


%                                Date of decision : 16th January, 2018

       D.S. CHAUDHARY                               ..... Petitioner
                    Through :          Dr. L.S. Chaudhary,
                                       Mr. Anurag Singh Tomar, Ms.
                                       Rakhi Tomar and
                                       Mr. Karamveer Singh, Advs.
                            versus

       GOVT. OF NCT OF DELHI & ORS       ..... Respondents
                     Through : Mr. Gautam Narayan, ASC
                               with Mr. R.A. Iyer, Adv. for R-
                               1.
                               Mr. Parvinder Chauhan, Adv.
                               for R-3.
                               Mr.      Sanjeev      Sabharwal,
                               Standing Counsel for R-5.


       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition has been filed complaining insufficiency of facilities in the Lal Bahadur Shastri Hospital, which was providing medical facilities to socio-economically weaker sections in the East

Delhi area, including to the resettlement colonies. The writ petitioner had made a grievance that the 100 bedded hospital could be expanded to a 500 bed hospital if the 220KV overhead wires over a piece of adjacent vacant land measuring 7654 sq. mtrs, were removed.

2. The petitioner has additionally prayed that the respondents shall take expeditious steps for vacation of jhuggi dwellers on another plot of land, by suitably relocating them.

3. It is submitted by Mr. Gautam Narayan, ld. ASC for GNCTD that so far as the overhead cables are concerned, the same have been removed by the Delhi Metro Rail Corporation. As such the impediment to the expansion and consequent upgradation of the hospital from 100 beds to 500 beds hospital stands removed.

4. So far as the treatment facilities in the hospital are concerned, it is submitted that Lal Bahadur Shastri Hospital is a Secondary Level hospital/District Level Hospital which as per the Indian Public Health Standards (IPHS) of the Government of India guidelines, has all facilities required for a district level hospital, i.e., ICU, SNCU (Sick New Born Care Unit), etc. It also has all speciality departments, such as Medicine, Surgery, Orthopaedics, Obstetrics & Gynaecology, Paediatrics, Skin, Dental, Pathology, Microbiology, Anaesthesiology, Eye, ENT, Radiology, Psychiatry etc. and would continue to have these departments, even after the upgradation. We are informed that it also has all diagnostic equipments necessary and essential with regard to the functioning of such departments.

It is submitted by the respondents that respondent no.1 has taken a careful decision to develop this district level hospital and that there is no policy decision to convert the hospital into a super speciality hospital.

5. So far as prayer of the petitioner for relocation/rehabilitation of the jhuggi dwellers from the Indira Gandhi Camp adjacent to Lal Bahadur Shastri Hospital is concerned, the respondent no.3 had filed the counter affidavit dated 14th September, 2016 on record submitting that on 4th August, 2016, in the meeting held under the chairmanship of Minister of Urban Development and Health, it was decided to upgrade the hospital to capacity of 500 beds and that the Government of NCT of Delhi is focusing on in-situ rehabilitation of the land which is occupied by the occupants of the Indira Gandhi Camp as it is not required for the expansion project.

6. On 23rd May, 2017, we had been informed that for the reason that the overhead wires and extra high voltage towers were yet to be removed by the Uttar Pradesh Power Transmission Corporation Limited (respondent no.4), the alternative of relocation of the jhuggi jhopdi dwellers in the Indira Gandhi Camp for the purpose of expansion of the hospital was being explored. We are informed that these towers and wires have been removed and as such additional land required for the expansion of the hospital is available.

7. The correspondence relied upon by the petitioner also makes reference only to upgradation of hospital from 100 beds to 500 beds. The respondents shall ensure that upgradation in question of the number of beds as well as the requisite facilities as a result, is

expeditiously effected.

8. No further orders are called for in this case.

The writ petition is disposed of.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J JANUARY 16, 2018 mk