Delhi High Court
Nishant Nain vs State Of N.C.T. Of Delhi & Anr. on 31 May, 2021
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st May, 2021
+ W.P.(C) 5638/2021
NISHANT NAIN ..... Petitioner
Through: Ms. Garima Prashad Sr. Adv. with
Mr. Parth Yadav, adv.
versus
STATE OF N.C.T. OF DELHI & ANR. ..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel with Mr. Aditya P. Khanna &
Mr. Shashank Tiwari, Advs. for R-1
Mr. Siddhant Nath, ASC for SDMC/R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE(ORAL)
Proceedings have been conducted through video conferencing.
CM APPL.17575/2021 (exemptions from filing attested affidavit)
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file duly signed and affirmed affidavits within a
period of one week from the date of resumption of regular functioning of the
Court.
The application is disposed of.
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:04.06.2021
11:50:52
W.P.(C) No.5638/2021
1. This writ petition has been preferred with the following prayers:
"1. To issue directions to the respondents to protect the right to
health of the public at large by finishing the
construction/furnishing work or any other work due at the SDMC
Colony Hospitals at Kalkaji and Tilak Nagar and ensure the start
of 250 bedded medical emergency services at both the hospitals
at the earliest.
2. To issue directions to both the respondents to end rift of
whatsoever kind between both of them and ensure that the Public
Health of the State of NCT of Delhi is guaranteed and take
proper measures as to control the ongoing COVID-19 pandemic
and to function in tandem with one another with expert advice on
the subject matter.
3. To take proper legal actions in the ambit of law or penalty or
fine or cost whatever this Hon'ble court may deem fit against any
party for the delay of over 10 years in the proper commencement
of the medical emergency services at both the SDMC hospitals.
4. To pass any other order or further order which this Hon'ble
Court may deem fit and proper in the light of the present facts
and circumstances of the case."
2. We have heard the learned counsels for both sides. Having looked
into the facts and circumstances of the case, it is evident that the petitioner
seeks a direction to the respondents to complete the remaining work at the
two hospitals located at Tilak Nagar and Kalkaji, New Delhi. It is pointed
out that the Tilak Nagar Hospital which is a 100 bedded hospital and Kalkaji
Hospital which is a multi-speciality hospital with 150 beds are almost ready.
In case the respondents take steps to expedite the work and the hospitals are
made operational, at the earliest, services could be utilized by the nearby
residents especially those residing in colonies of Tilak Nagar and Kalkaji,
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:04.06.2021
11:50:52
New Delhi, in these times of Pandemic where there is utmost necessity of
hospital facilities.
3. In view of the aforesaid submission, we hereby direct the concerned
respondent authorities to give priority to expedite the work of completion of
the aforesaid two hospitals so that they can be made operational at the
earliest. Needless to state that the action will be in accordance with the
policies of the Government applicable to the case.
4. With the aforesaid observation, this writ petition is hereby disposed
of.
CHIEF JUSTICE
JYOTI SINGH, J
MAY 31, 2021
ns
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:04.06.2021
11:50:52
