TMI Blog2013 (3) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Amar Jyoti Hospital. Ms.Renu Gupta, Adv. for Ganga Ram Hospital. Mr.Lalit Bhasin, Adv. with Ms.Ratna Dhingra, Ms.Bhavna Dhami, Ms.Sneha Balakrishnan, Advs. for RGCRI Hospital. Mr.Rajeev Sharma, Adv. with Mr.Uddyam Mukherjee, Adv. for St. Stephen?s Hospital. Mr. Sanjeev Puri, Sr. Adv. with Mr. Sajad Sultan and Mr. Amitesh Mishra, Adv. for R9,10,41,11,35 and 36. ORDER CM No. 15454/2008 This petition in public interest was filed for directions to the official respondents to identify all such hospitals/ nursing homes in Delhi which were allotted land either free of costs or at a concessional rates and to ensure compliance of the conditions of land allotment to such h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the order of free treatment till such time it was varied by any competent Court. Vide order dated 17.7.2007, this Court in modification of the order dated 22.3.2007, directed that all the hospitals which had been granted land on concessional rates would abide by the order for free treatment, till such time it was varied by any competent Court. Alleging disobedience of the directions contained in the order dated 22.3.2007 by three hospitals namely Moolchand Khairati Lal Trust Hospital, St. Stephan Hospital and Rajiv Gandhi Cancer Institute and Research Centre, the petitioner is seeking initiation of contempt proceedings against these hospitals, besides directions to the official respondents to take appropriate action against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their hospital. They have also drawn our attention to the order dated 10.8.2007 whereby this Court observed that further arguments were required to be addressed in respect of hospitals which did not have a stipulation in their lease deed or the allotment letter regarding free treatment. They have also pointed out that Moolchand Khairati Lal Trust Hospital and St. Stephan Hospital have already filed writ petitions challenging the action of the respondents. According to the learned counsel representing Rajiv Gandhi Cancer Institute and Research Centre, similar writ petition is proposed to be filed by the said hospital. The learned counsel for the respondents on the other hand submits that since the land to these hospitals was allotted at conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Health Services, Govt. of NCT of Delhi is seeking clarification of certain paragraphs of the order dated 22.3.2007. It is stated in the application that in terms of the order passed by this Court on 22.3.2007, certain hospitals would be liable from 2007 whereas another set of hospitals shall be liable from the date on which they became operational/ functional. The applicant is accordingly seeking directions with regard to the date to be taken for the purpose of calculating the profits earned by various hospitals in extending free treatment to the poor. It is also stated in the application that the applicant is in the process of hiring professional Chartered Accountants to scrutinize the books of accounts of all the hospitals which have fail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtly comply with the condition to provide free medical treatment to the poor patients became functional and which hospitals had complied with the said condition, either wholly or partly. 9. In paragraph 84 of the order dated 22.3.2007, this Court, inter alia, observed that the hospitals which were awarded land by DDA and/or LandDO were expected to make the hospitals functional within two years from the date they had taken the possession of the plots in question and they were required to immediately start complying with the condition for free treatment of the patients. It was further observed that there was no jurisdiction whatsoever on the part of the hospitals not to comply with the mandate of the condition and, therefore, they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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