“Central Government Has Strengthened Its Virtual Central Control Room By Including Senior Officers Who Monitor Efficient Availability Of Oxygen Across The Country”: SGI informs Delhi High Court

The Ld SGI Shri Tushar Mehta in the hearing before the Bench of Justice Vipin Sanghi & Justice Rekha Palli, Delhi High Court informed the Bench that in view of resurgence of COVID cases, virtual control room has been strengthened to include senior officers of Addl Secretary & Additional Joint Secretary from various Ministries/ Departments who monitor production, movement, availability & efficient usage  of Medical Oxygen across the country. 

“All these senior officers of Govt of India & Senior IAS officers from States/UT’s are part of a whatsapp group which shares information/problems & immediate solutions on a minute to minute real time basis 24 hours ever day”, SGI further informed. 

As per the notification the States & UT’s have been asked to publicise & intimate all Hospitals within their jurisdiction about their nodal officer contact details who should be contacted in case of shortage of oxygen etc. Further the notification also highlighted that these Nodal Officers of States/UT’s were part of the Virtual Central Control Room.

The Bench in the present matter was hearing a plea filed by Bram Health Care Private Limited & Batra Hospital & Medical Research Centre seeking supply of oxygen. 

Adv Manish Priyadarshi appearing for Bram Health Care Private Limited informed the Bench that the hospital had 92 CoVID patients & requested for supply of at least 20 to 25 liters of oxygen since the hospital only had 3 hours of oxygen left. 

“The situation is different from what it appears on paper. The Nodal Officer is not responding to the calls. I have not only called him but also written to the Principal Secretary.”, Priyadarshi further added.

Sr Adv Siddhartha Dave appearing for Batra Hospital submitted that the hospital was a CoVID reserved one with 160 beds in ICU & other beds in wards & the hospital’s requirement was 7000 to 8000 liters of oxygen on a daily basis but however the hospital was provided with only 1000 litres of oxygen. 

“We require LMO. We are not getting some joy in coming to the court. We are not a nursing home. We are a CoVID dedicated hospital. We don’t have a choice.”, Dave further contended.

At this juncture, Advocate Rahul Mehra appearing for GNCTD informed the Bench that GNCTD issued a notification yesterday as per which the hospitals could approach the Nodal Officers Mr Udit Prakash for supply of oxygen. He further submitted that Delhi yesterday received the highest quantity of oxygen & that it was hoping that in 2/3 days it would receive more oxygen from far places like Rourkela & Orissa.

“Even railways are helping & the corridor is not a distant dream but operational now. Before coming to the Court, we had requested the petitioner to come to us. Kindly put all of this in the order like Mr Udit's number was shared. That'll be available with everyone”, Mehra categorically submitted.

Advocate Rahul Mehra further suggested that although the Delhi Government received 380MT, the deficit of 100 MT i.e. 30 MT , 40 MT & 30 MT could be met from Lindee situated in Dehradun.

Justice Sanghi: We don't want to get into the allocation process. Even though you have plants in UP, you could supply to Delhi from those plants rather than supplying oxygen from Kalinga.

SGI: I have no say in this. The officials can apply their mind. This is a good suggestion.

The Bench thereafter directed the Nodal Officer of Delhi to supply oxygen to the petitioners as well as to other hospitals in Delhi & also directed for not changing the amount of oxygen that was being allocated to Delhi. Directions were also issued to make some interim arrangement until oxygen was supplied from Kalinga, Durgapur & Rourkela.

“The Virtual Central Control Room has been constituted for the States & UT's to communicate with the Central Government. The room would consist of officials from various ministries. With the aforementioned, we would expect all hospitals & nursing homes to approach the Nodal Officer. If in case the requirements are not met, before presenting a petition before this Court, Mr Mehra or Mr Satyakam may be contacted.”, the Court also said.

The matter will now be taken up on Monday i.e. April 26, 2021.

Case Title: M/S Bram HealthCare Private Limited v. Union of India & Ors| WP(C) 4985/2021 & M/S Batra Hospital & Medical Research Centre v. Union of India & Ors | WP(C) 4985/2021