Anil Dhalla vs Govt. Of Nct Of Delhi & Ors.
2020 Latest Caselaw 2742 Del

$~A-8
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of decision: 28.09.2020

+      CONT. CAS (C) 297/2020

       DR. ANIL DHALLA
                                                         ..... Petitioner
                          Through:     Ms. Neha Jain, Advocate

                          versus

       GOVT. OF NCT OF DELHI & ORS.             ..... Respondents
                     Through: Mr. Rishikesh Kumar, Advocate
                               for R- 1 & 3
                               Mr. Rakesh Mittal, Standing
                               Counsel for R-2/SDMC
                               Mr. Rohit Puri, Advocate for R-5
                               &6
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

1. Present contempt petition has been filed alleging willful disobedience and non-compliance of the directions passed by this Court vide order dated 28.05.2020. Relevant part of the order reads as under:

"a. Respondents no. 1 (GNCTD) & 2 (SDMC) shall prepare a complete list of the inhabitants of the property bearing no. 197-C, Cariappa Marg, M.B. Road, Delhi and Respondent No. 5 (Max Smart Super Specialty Hospital) will render any assistance required for the said purpose;

b. Screening for the detection of any symptoms of Covid- 19 to be done at regular intervals by Respondents No. 1 (GNCTD) & 2 (SDMC) and the same may be

communicated to the concerned RWA of the said vicinity;

c. Ensure that the surgical masks, gloves etc. are properly disposed of and are not left astray on the road adjoining the house in question; Respondent No. 5 (Max Smart Super Specialty Hospital/Lease Holder) is also directed to spread awareness to its employees staying in the house in question so far as the proper disposal of the surgical masks, gloves etc. waste is concerned;

d. Advocacy on hand hygiene, respiratory hygiene, environmental sanitation and wearing of masks/face- covers to be followed and

e. Regular Fumigation and Sanitization of the interior as well as the exterior of the entire premises bearing number 197-C, Cariappa Marg, M.B. Road to be done."

2. Action Taken Report, Additional Action Taken Report, Compliance Report as well as response to the suggestions given by the Petitioner have been filed on behalf of Respondent Nos.1 and 3 / Government of NCT of Delhi. Status /Action Taken Report has also been filed on behalf of the South Delhi Municipal Corporation (SDMC). It is stated by the SDMC that in compliance of the directions of this Court on 28.05.2020, its Public Health Department is carrying out regular sanitization work and anti mosquito measures in and around the property in question bearing No.197-C, Cariappa Marg, M.B. Road, Delhi. The exercise for the work undertaken at the site will be continued to be carried out in future. Photographs and the register containing entries in support of the sanitization work are appended to the Status Report. The officials of the Public Health Department of the SDMC have visited the property in question and sensitized the inhabitants about the use of masks,

maintaining hand hygiene, physical distance norms, etc. The area field staff has also visited the site to ensure that the garbage bags, etc. are disposed as per the required protocol during the pandemic times. Report of the Sanitization Department alongwith photographs is also appended.

3. In the Reports filed by the concerned Sub-Divisional Magistrate on behalf of Govt. of NCT of Delhi it is stated that the directions issued by the Court have been complied with in letter and spirit. The ICD (South) had deployed six Civil Defence Volunteers in and around the site with effect from 26.05.2020 till the services are required. Deputy Health Officer (South District) was requested to make proper arrangements to ensure sanitization, regularly. CDMO (South District) was requested to ensure that every person staying in the area was screened for flu like symptoms as well as strict enforcement of medical regulations is being ensured as per protocol. ACP, Sangam Vihar was requested to direct the concerned SHO to provide police assistance to the teams deputed for sanitization / screening. The screening protocols are being regularly followed and regular fumigation of the interior as well as the exterior of the entire premises is also being undertaken. The landlord of the property has been directed to ensure proper protocol in disposal of masks, gloves, etc. as the health workers are residing in the premises, to avoid spread of the virus.

4. In addition Nodal Officer (Surveillance), District South has been directed to conduct survey and preliminary screening of the health workers staying in the premises and the exercise is being undertaken. The Assistant Commissioner, SDMC, Green Park has been requested to ensure proper disposal of bio-medical waste from the premises in

accordance with the strict protocols or guidelines with respect to the Corona Virus.

5. In the Compliance Report dated 03.07.2020, it is stated by the SDM that Antigen tests were conducted by the officers of the Govt. of NCT of Delhi on 30.06.2020 in and around the premises and in all the 50 tests, the reports were negative. In the Status Report dated 24.09.2020, it is brought out as under :-

"2. That, in view of the above all the concerned departments are making full effort s to serve the better and take all necessary steps to prevent the spread of COVID-19. The facts of the actions taken on ground level follow as:

a. That, regular fumigation and sanitization in and around the premises is being done on regular basis as reported by the South Delhi Municipal C-operation. Photographs are annexed and marked as ANNEXURE-R1 (Colly). b. That, in this regard a letter was also issued by Sh.Gurpreeet Singh (Authorized Signatory) for Max Smart Super Specialty Hospital, Saket stating therein that:

"The Hospital has been placed yellow colour coded bins as per the applicable law for collection of limited bio-medical waste (face masks) generated at the said property. Bio-medical waste collected in those bins is brought to the Hospital by its housekeeping staff person in sealed bags, from where it is handed over to the vendor (i.e. Biotic Waste Solutions Pvt. Ltd.) authorized by the DPCC for final disposal". Copy of the said letter is annexed and marked as ANNEXURE- R-2.

c. That, in compliance of directions issued by this Hon'ble High Court, 3rd Phase of Antigen Test of the Asha Workers was also carried out on 03-09-2020 at 197C, Cariapppa Marg wherein total 44 tests were done and all the tests were found asymptomatic without any positive case. Copy of report submitted by the doctors along with the details of

the Asha Workers and nearby is annexed and marked as ANNEXURE-R3 (Colly).

d. That, it is pertinent to mention before this Hon'ble High Court that in view of the above facts and test reports also indicates that every concerned department is following the directions issued by this Hon'ble High Court from time to time and in view of their regular efforts till date not a single person is found Covid positive in the premises i.e. 197C, Cariappa Marg Sainik Farm New Delhi. e. That, it is submitted before this Hon'ble High Court that, all the time Social Distancing is being maintained, sanitization and fumigation by designated authority is being carried out on regular basis, a register is also being maintained by the Civil Defence Volunteers for the records of the occupants and the same is being checked by Ms.Rukmani (Supervisor) on daily basis.

3. That District administration of South Delhi has obeyed all the directions passed by this Hon'ble High Court and all the steps are being taken to ensure that no spread of the virus in the locality takes place. It is pertinent to mention that the respondents have not received a single complaint from any other resident in the locality but as the case may be the administration is duty bound to follow all the directions of this Hon'ble High Court."

6. Photographs as well as the other documents in support of the Status Report have also been filed by Respondent Nos.1 and 3.

7. In the response to the suggestions by the Petitioner, Respondent Nos.1 and 3 have additionally stated as under :-

"2. That, in compliance of directions issued by this Hon'ble High Court vide order dated 20.07.2020, in this regard direction were issued to all concerned departments by the undersigned to ensure that all measures have been taken in the premises of 197C, Cariappa Marg, M.B.Road Saket, New Delhi, as the following departments are fully responsible for the same, in case of non compliance of the directions issued by the Hon'ble High Court, action shall be initiated accordingly

in this regard. That, in compliance of directions issued by the Hon'ble High Court accordingly, again order was issued on 31-07-2020 by the undersigned to all the concerned agencies / Departments with the following directions:

i. Deputy Health Officer, District (South) is requested to make proper arrangements and ensure that the directions issued by the Hon'ble High Court are complied as per protocol, as it is the responsibility and prime duty of the department to comply. Copy of the said order is annexed and marked as ANNEXURE-R1.

ii. DSO (South District) to ensure that each and every person staying in the above mentioned area is screened for flu-like symptoms and strict enforcement of all the other medical regulations are done as per protocol, as it is the responsibility and prime duty of the department to comply the directions and apprise the Hon'ble High Court. Copy of the said order is annexed and marked as ANNEXURE- R2.

iii. Medical Superintendent, (Max Smart Super Hospital) to ensure that that complete data of the occupants is maintained including their daily conditions, symptoms which is reviewed by RRT's (Rapid Response Team) to ensure that no infected person is residing, Maintaining the record of the occupants, Maintaining the record of the occupants, An attendance register should be maintained and reviewed on daily basis, gloves, face masks, PPE kits, medicines, syringes or any other bio-medical waste should be collected and segregated in separate bags by the specialized agencies and disposed off in accordance with Central Pollution Control Board guidelines, Linen Management, waste disposal, disinfectants supplies, Supply of sanitizers, adequate IPC and PPE supplied (masks, gloves, goggles, gowns, hand sanitizer, soap and water, cleaning supplies) in sufficient quantity, Disposal of general and liquid waste, Setting up of a control centre, Strict Social Distancing, Compulsory wearing of mask gloves, face cover or PPE kits, Advocacy for best and proper hand hygiene, Monitoring of the Property,

Refresher training on injection prevention and control (IPC); Use, putting on, taking off and disposal of personal protective equipment (PPE), masks and gloves, as it is the responsibility and prime duty of the department to comply the directions and apprise the Hon'ble High Court. Copy of the said order is annexed and marked as ANNEXURE- R3.

iv. Supervisor: to ensure and monitor that all the time Social Distancing is being maintained, sanitization and fumigation by designated authority is being carried out on regular basis, further, Further, Ms.Rukmani, (Supervisor) was also directed to coordinate with other deparments i.e. M.S. for Max Smart Super Specialty Hospital, Sachet, SDMC, DHO & DSO who are responsible for the allotted jobs and submit report accordingly. Copy of the said order is annexed and marked as ANNEXURE-R4."

8. Having gone through the various reports filed by the Respondents, the Court is satisfied that adequate measures have been taken by the Statutory Authorities to comply with the directions of the Court and there is no disobedience or non-compliance of the said directions. The Court takes on record the assurance given by the Respondents that they shall continue to abide by the directions given by the Court on 28.05.2020 as and when the situation demands keeping in mind the fact that most of the residents in the area concerned are senior citizens and vulnerable to the infection during the Pandemic Covid 19.

9. With these observations, the present petition is disposed of and the Respondents are discharged.

JYOTI SINGH, J SEPTEMBER 28, 2020 rd