Order of the Bombay High Court regarding construction of a hospital which has not been completed even after 15 years, Thane, Maharashtra, 27/09/2023

  • 27/09/2023

Order of the Bombay High Court in the matter of Association for Protection of Civil Rights (APCR) & Others Vs The Municipal Commissioner, Thane & Others dated 27/09/2023.

The Municipal Corporation of Thane had conceived a 100 bedded hospital at Kausa, Mumbra in 2008 but till date neither construction of the hospital is complete nor has it become functional. "There cannot be any justification for such unexplained and inordinate delay in completion of a project concerning healthcare of the general public," said the High Court.

The affidavit filed by the Municipal Corporation has admitted to the fact that the residents of Kausa do not have access to medical facilities and the proposed 100-bedded hospital will give them access to proper healthcare facilities.

To ascertain the actual position on the case, the high court directed appointment of a court commission comprising of a medical professional, a civil engineer and lawyer to inspect the building and submit a report to the court.

The commission will submit its report on the following points:

(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 equipments have been procured and as to whether these machines and equipments are being used

The high court also called upon the corporation to file an additional reply stating as to what steps have been taken by the corporation for procurement of equipments and recruitment of adequate staff. In the affidavit, the corporation should also indicate as to within which minimum possible time the hospital can be made fully functional giving details of phases in which the medical facilities/departments shall commence, the order said.