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Synopsis

The Bombay High Court on Wednesday admonished the Thane Municipal Corporation for its failure to complete the construction of a 100-bed hospital, a project that was initiated by the corporation in 2008 and remains unfinished.

“There cannot be any denial that Article 21 of the Constitution of India protects every citizen’s right to seek good and affordable healthcare. However, the apathy on the part of the Municipal Corporation of the City of Thane (hereafter referred to as “the Corporation”) is writ large in this case, where having conceived a 100-bedded hospital at Kausa, Mumbra in the year 2008, till date neither construction of the hospital is complete nor has it become functional,” the order reads.

The division bench of the high court, consisting of Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, heard a public interest litigation filed by the Association For Protection of Civil Rights, which alleged a lack of healthcare facilities for residents in the area.

The corporation had initially resolved to construct a hospital in an 8500 sq. meter area in 2008, and an initial allocation of Rs. 10 crores was sanctioned for this purpose.

The corporation's affidavit stated that in July 2013, a tentative cost of Rs. 27.83 crore was sanctioned, and the General Body approved Rs. 54.36 crore for appointing a Project Management Consultant. The work order issued in 2014 specified that the construction of the 100-bed hospital should be completed within 24 calendar months, excluding the monsoon period.

In February 2016, revisions were made to the designs, including the construction of various facilities such as a TB Ward, Kitchen, Canteen, Pathology, Blood Bank, Pediatric Ward, OTPT, C Section OT, Morgue, Kitchen Gas Bank, Medical Gas Bank, Sub-station, and underground Tank. Subsequently, the General Body of the corporation sanctioned Rs. 67.88 crores for the project.

The affidavit also mentioned that sanctions have been granted for the recruitment of doctors and other staff, and the recruitment process is expected to commence soon. It stated that the OPD, Gynecology, and Administrative departments have been initiated using the existing staff.

However, the petitioner argued that there are no existing staff members. Instead, the Corporation has relocated one of its Primary Health Centers to the hospital building, and it has been incorrectly claimed that the Gynecology department has begun functioning.

Therefore, to ascertain the same the high formed a commission consisting of:

a. One experienced Doctor nominated by the Dean of JJ Hospital.

b. One Civil Engineer not below the rank of Executive Engineer.

c. Advocate Meenaz Kakalia.

The high court has asked the commission to conduct an inspection and interact with the staff available there including the officer who heads the hospital. The report should include:

(I) Stage of completion of the building giving details.

(II) The infrastructure facilities which are available.

(III) The status of the healthcare services being provided currently by the hospital.

(IV) To what use (in respect of providing healthcare services) the existing structure of the building can be put to use so that new departments may be started forthwith

(V) The Commission while preparing the report shall also report as to what machines and medical equipment have been procured and as to whether these machines and equipment are being used.

The bench has asked the corporation to file additional reply as to what steps have been taken by the Corporation for the procurement of equipment and recruitment of adequate staff.

The bench will now hear the PIL on 8th November.

Case title: Association For Protection of Civil vs Municipal Corporation of Thane