Monday, April 30, 2012
H C Monitoring Committee Member writes to DDA & Delhi Health Sect to cancel land allotments of three erring pvt hospitals
Ashok Agarwal Advocate
To,
1. The Vice-Chairman,
Delhi Development Authority
Vikas Sadan, INA, New Delhi
2. The Principal Secretary (Health)
Government of NCT of Delhi,
Secretariat, IP Estate, New Delhi - 110002
30.04.2012
Subject: Request for immediate cancellation of the land allotted to Rajeev Gandhi Cancer Institute, (Indian Cancer Society Hospital), Sector-5, Rohini, for its failure to provide free treatment of EWS patients
Dear Sir,
Rajeev Gandhi Cancer Institute, Rohini (Indian Cancer Society hospital) was allotted government land on concessional rates by the DDA. In terms of Judgment dated 22/03/2007 and 17/07/2007 of a Division Bench of Delhi High Court in case of Social Jurist Vs Govt. of NCT of Delhi, the said hospital is obliged to provide totally free treatment to EWS patients to the extent of 10% IPD and 25% of OPD.
It is important to mention here that 10 hospitals had filed Special Leave Petition in the Supreme Court against the above mentioned High Court judgment dated 22/03/2007 and the SLPs were dismissed by the Supreme Court on 1/09/2011. Out of these 10 hospitals whose the SLPs were dismissed was Sunder Lal Jain Charitable Hospital in which there was no express stipulation in its allotment letter or lease deed for providing free treatment to EWS patients.
The Delhi High Court today reiterated its earlier orders dated 22/03/2007 and 17/07/2007. The High Court also took on record the order dated 02/02/2013 issued by the Ministry of Urban Development, Govt. of India thereby incorporating the provision for providing free treatment to the EWS patients to the 10% IPD and 25% OPD by all the hospitals to whom public land has been allotted on concessional rates.
It is submitted that the Rajeev Gandhi Cancer Institute, Rohini despite all the aforementioned orders has not at all complied with the above mentioned conditions regarding free treatment to EWS patients. Therefore, the Delhi Development Authority which has allotted land to the Rajeev Gandhi Cancer Institute should immediately cancel the allotment of the said land.
With regards,
Ashok Agarwal
Member, Delhi High Court constituted Monitoring Committee
Tel: 09811101923
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