Delhi High Court
Justice For All vs Secretary Health Government Of ... on 20 January, 2020
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20.01.2020
+ W.P.(C) 8156/2017
JUSTICE FOR ALL ..... Petitioner
Through: Mr. Khagesh B. Jha, Adv. along with
Ms. Shikha Sharma Bagga, Adv.
versus
SECRETARY HEALTH GOVERNMENT
OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Dhanesh Relan, Standing
Counsel with Ms. Gauri Chaturvedi & Ms. Kajri
Gupta, Advs. for DDA
Mr. Jagdeep Kr. Sharma, ASC with Mr.Aniruudh
Mehrotra, Advs. for R-7
Mr. Ajjay Aroraa, Mr. Kapil Dutta & Mr. Anuj
Bhargava, Advs. for North DMC
Ms. Monika Arora with Mr.Akashdeep Gupta,
Adv. for R-9
Mr. Amit Sinha & Mr. Vaibhav Pratap Singh.
Advs. for R-10
Mr. Tarun Johri & Mr. Ankur Gupta, Advs. for
DMRC
Mr. Sanjoy Ghose, ASC with Ms. Urvi Mohan &
Mr. Naman Jain, Advs. for GNCTD
Mr. Bhagvan Swarup Shukla, CGSC with
Mr.Sharvan Kumar & Mr. Gokul Sharma, Advs.
for UOI
Ms. Mini Pushkarna, Standing Counsel for SDMC
with Ms. Swagata Bhuyan, Ms.Khushboo Nahar &
Ms.Latika Malhotra, Advs. for R-12
W.P.(C) 8156/2017 Page 1 of 3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
1. This writ petition has been preferred with the following prayers:
"(a) Issue any appropriate writ, order or direction to
respondents to allot adequate number of plots/sites for
construction of muhalla clinic with permission to raise the
appropriate temporary structures to run the muhalla clinics.
(b) Issue any appropriate writ, order or direction to the
respondents PWD, DSIDC and DUSIB to construct temporary
structure with for muhalla clinic with adequate facilities at
war scale in time bound manner.
(c) Issue any appropriate writ, order or direction to the
respondent secretary health to depute doctors and other staff
and provide proper facilities for smooth running of muhalla
clinic.
(d) Issue any appropriate writ, order or direction to the
respondent Union of India, DDA and MCD to remove the
technical difficulties for construction of temporary structure
and running muhalla clinic.
(e) Pass any such order or further orders or directions as this
Hon'ble Court deems fit in the facts and circumstances of the
present case in favour of petitioner and against the
respondents.
(f) Allow the present PIL with costs."
2. Counsel appearing for the petitioner has submitted that a policy
decision has been taken by the Government of NCT of Delhi for
construction of muhalla clinics at different places in NCT of Delhi and the
petitioner is in search of plots/sites for the construction of muhalla clinics
and for the deputation of the doctors and staff etc.
3. It appears that the respondents who have taken policy decision for
construction of muhalla clinics is capable enough for getting the plots/sites
from the concerned respondent authority. There cannot be any policy
decision in air - without any basis.
4. Whenever respondents take a decision for construction of muhalla
clinics, the bare minimum things to get the plots/sites and deputation of the
doctors and staff cannot be ignored by such institutions. We, therefore,
direct the concerned respondent authority to pursue their matter with the
concerned Municipal Corporation and Central Government authorities to get
the plots/sites for the construction of muhalla clinics and depute the doctors
and staff and develop other necessary infrastructure for the same as early as
possible and practicable.
5. With the aforesaid observation, this writ petition is hereby disposed
of.
C.M. No.5029/2019 (Direction)
6. In view of the final order passed in W.P.(C) 8156/2017, this
application stands disposed of as infructuous.
CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 20, 2020/ns
