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2022 Supreme(Bom) 198

SUNIL B.SHUKRE, ANIL L.PANSARE
Viveka Super Specialty Hospital & Research Centre Private Limited, through one of its Directors, Dr. Prashant Jagtap – Appellant
Versus
State of Maharashtra, Urban Development Department, through its Secretary Mantralaya Annex, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri S.P. Dharmadhikari, Sr.Adv. a/b. Shri Kartik.N.Shukul, Adv.
For the Respondent:Smt.K.S.Joshi, G.P., Shri J.B. Kasat, Advocate, Shri C.S.Kaptan, Sr.Adv. a/b. Shri Girish Kunte, Adv.

JUDGMENT :

(Per Court)

1. Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2. Heard.

3. RULE. Rule made returnable forthwith. Heard finally by consent of the parties.

4. The traces of petition find place in order dated 19th April 2021 passed by this Court in Suo Motu PIL No. 4 of 2020. The suo motu cognizance of the Covid Pandemic was taken. Various orders were passed from time to time. We all are conscious of the fact that during second wave of the Pandemic the entire country suffered a setback because of lack of health care infrastructure in the hospitals. Nagpur city was no exception. Many casualties occurred for want of oxygen.

Various High Courts in their respective jurisdictions had taken cognizance of the then prevailing situation and had passed various orders. One of such orders was passed by this Court. The relevant portion of the said order dated 19th April 2021 in Suo Motu PIL No. 4 of 2020, that led to filing the present petition is as under:

    “9. There is another issue of major concern which relates to shortage of oxygen supply. Presently, it appears that the production capacity itself is falling sho

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