Monday, April 30, 2012

H C Monitoring Committee Member writes to UD Sect. & Delhi Health Sect to cancel land allotments of three erring pvt hospitals

Ashok Agarwal Advocate To, 1. The Secretary, Ministry of Urban Development, Government of India, Nirman Bhawan, New Delhi – 110001 2. The Principal Secretary (Health) Government of NCT of Delhi, Secretariat, IP Estate, New Delhi 30.04.2012 Subject: Request for immediate cancellation of the land allotted to Moolchand Kheratiram Trust & Hospital & St Stephen’s Hospital Society for their failure to provide free treatment of EWS patients Dear Sir, Moolchand Kheratiram Hospital (Moolchand Kheratiram Trust & Hospital) and St Stephen’s Hospital (St Stephen’s Hospital Society) were allotted government lands on concessional rates by L&DO. 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 01/09/2011. 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 02/02/2012 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 which include Moolchand Kheratiram Hospital and St Stephen’s Hospital. It is submitted that the Moolchand Kheratiram Hospital (Moolchand Kheratiram Trust & Hospital) and St Stephen’s Hospital (St Stephen’s Hospital Society) despite all the aforementioned orders have not complied with the above mentioned conditions regarding free treatment to EWS patients. Therefore, the L&DO which has allotted land to these two hospitals should immediately cancel the allotment of the said lands. With regards, Ashok Agarwal Member, Delhi High Court constituted Monitoring Committee Tel: 09811101923

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