Read Time: 08 minutes

Synopsis

The Delhi High Court on Friday directed the Delhi Development Authority (DDA) to file an affidavit to establish that Rajiv Gandhi Cancer Institute was allotted land at concessional rates.

Advocate Ashok Agarwal appearing for Social Jurist, a Civil Rights Group, contended that the respondent hospital is running for two decades now, and is the only hospital that is not complying with the conditions of allotment of land. He further prayed that directions be issued to the hospital and a fine of Rs. 500 crores be imposed on them, only then they’ll comply with the conditions. Furthermore, he argued that the hospital is under a legal obligation to provide free treatment to EWS patients to the extent of 10% IPD & 25% OPD.

On the contrary, the counsel for the Rajiv Gandhi Cancer Hospital contended that the land was not allotted to them on concessional rates. He argued, “How did they conclude this?” The counsel argued that the land was given at the “Zonal Variant Rate”, which was prominent at that time. Furthermore, he stated that the Supreme Court has time and again directed DDA to comply with an affidavit, but they haven’t.

Taking note of the submissions made before it, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted one week to DDA to file a reply, and made it clear that no further time will be given. Accordingly, the court listed the matter for January 6, 2023.

The Delhi Development Authority (DDA) submitted before the High Court that Rajiv Gandhi Cancer Hospital has "breached conditions" of free treatment to the poor in compliance with the condition of allotment of the land to it.

According to the affidavit filed by DDA through Advocate Shobhana Takiar, the allotment letters specifically stated that the clauses of allotment shall include other conditions of allotment and perpetual lease, thereafter, in 1993, mortgage permission was granted to the hospital only with a condition of a limited percentage of free patient treatment to the poor in it.

The DDA stated that the State government as well as the High Court had directed the hospital to comply with free bed norms, i.e. 25% free beds to the weaker sections of the society and free OPD to the indigent patients, but they failed to comply with the terms and conditions of allotment.

The division bench of the High Court in November had directed the Delhi Development Authority (DDA) to file an affidavit giving details as to whether the Rajiv Gandhi Cancer Institute and Research Centre is complying with the condition of land allotment on institutional (concessional) rates with regard to a free treatment of persons from EWS Category.

The plea filed by the Social Jurist, a Civil Rights Group, through Advocate Ashok Agarwal alleged that the hospital is in existence for the last more than two decades and is functioning with 302 beds capacity, however, it has always been violating with impunity the conditions of land allotment with regard to providing free treatment to EWS patients.

It stated, "The respondent hospital has made unwarranted profits during the last two decades by not providing at all free treatment to EWS patients...therefore, it is liable to make good to society by paying such an amount of unwarranted profit to DDA in terms of an earlier decision of the High Court".

The civil rights group has alleged that the inaction on part of the hospital is a blatant violation of the conditions of allotment of public land to it by DDA.

As per the plea, the hospital is run by the Indraprastha Cancer Society & Research Centre, to whom public land was allotted by DDA for the construction of the hospital with a condition that they would provide free treatment to EWS patients to the extent of 10% IPD and 25% OPD.

Case Title: Social Jurist, a Civil Rights Group v. Rajiv Gandhi Cancer Institute and Research Centre & Ors.