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2014 Supreme(Guj) 751
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHASKAR BHATTACHARYA and J.B.PARDIWALA, JJ.
BALDEVBHAI H JADAV – Applicant
Versus
MEDICAL SUPERINTENDENT -Opponent
WRIT PETITION (PIL) NO. 257 of 2013 With CIVIL APPLICATION NO. 3060 of 2014 In WRIT PETITION (PIL) NO. 257 of 2013
Decided On : 11/08/2014
Advocate Appeared:
MR PJ MEHTA, ADVOCATE for the Applicant(s) No. 1 MS VACHA DESAI, AGP for the Opponent(s) No. 1 - 2 M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 3 MR RD DAVE, ADVOCATE for the Opponent(s) No.4 , 6-7, 9-16, 18-19 MR VM PANCHOLI, ADVOCATE for the Opponent(s) No. 5 , 8 , 17
The court upheld the legality of the hospital authorities' decision to invite tenders for the allotment of land within the premises, emphasizing the transparency and absence of favoritism in the process.
Headnote:
Public Interest Litigation - Allotment of Land within Hospital Premises - Gujarat Cooperative Societies Act - Bombay Provincial Municipal Corporation Act - Income Tax Act, 1961 - Foreign Contribution (Regulation) Act, 2010
Fact of the Case:
The petitioner, a General Secretary of a registered organization, sought relief against arbitrary allotment of counters within a hospital premises without inviting tenders, alleging malpractices and collusion in allotment.
Finding of the Court:
The court found that the hospital authorities had already issued a tender notice and directed them to proceed with finalizing the bids received in accordance with the law. The court also allowed the authorities to take appropriate steps for the eviction of the private respondents.
Issues: The main issue was whether the petitioner was entitled to the reliefs sought, particularly regarding the allotment of land within the hospital premises.
Ratio Decidendi: The court held that the hospital authorities' decision to invite tenders for the allotment of land within the premises was appropriate and directed them to proceed with finalizing the bids received in accordance with the law.
Final Decision: The petition was disposed of, and no costs were awarded. The connected Civil Application was also disposed of.
JUDGMENT :
J.B.PARDIWALA, J.
1. By this writ application in the nature of a Public Interest Litigation, the petitioner, a General Secretary of “Dardi Seva Samiti” a registered organization of Patient Welfare under the Gujarat Cooperative Societies Act, has prayed for the following reliefs :
(b) Be pleased to direct the Respondent No.3 Municipal Commissioner to demolish and remove the illegal construction and encroachment established in Civil Hospital Premises, Asarva, Ahmedabad in the public interest.
(c) Be pleased to direct the Respondent No.2 to hold Detailed Inquiry against Respondent No.1 malpractices and collusion in allotment of various counters without following the due process of law in the public interest.”
2. The case made-out by the petitioner in this petition may be
“12..
(a) Be pleased to pass appropriate order against the Respondent No.1 directing to invite Quotations of the Counters’ allotment through Public in Advertisement with one month of Civil Hospital premises counters, Ahmedabad. summed-up thus :
2.1 The “Dardi Seva Samiti” is an organization registered under the Gujarat Cooperative Societies Act. The avowed object of the society is to take care of the welfare of the patients. The organization provides various services to the needy and poor patients including their relatives in connection with proper guidance of the civil hospitals, various medical facilities, consultation with the hospital staff for proper demonstration and treatment etc. One of the main concerns of the organization is to protect the patients from touts and unscrupulous elements operating within the Civil Hospital premises. According to the petitioner, there has been an arbitrary allotment of various counters of Tea, Coffee, breakfast, fruits, medicines etc., at the instance of the respondent no.1 within the campus of the Civil Hospital situated at Asarva, Ahmedabad past couple of years without inviting tenders from public at large, with a view to control the price of the commodities sold within the campus of the Civil Hospital and also with a view to maintain the quality of the food. According to the petitioner, few unscrupulous elements have managed to get space allotted within the campus of the Civil Hospital and are carrying-on business without any control or restrictions at the end of the Civil Hospital authority.
2.2 Practically all the cabins/shops have been constructed without any permission from the municipal authorities. The entire Civil Hospital campus has been encroached upon by such persons resulting in various types of nuisance. No hygiene and sanitation is being maintained.
2.3 According to the petitioner many persons have been allotted land within the civil hospital campus by the respondent no.1 for a period of one year. However, in spite of expiry of the said period such persons continue to occupy the place and the respondent no.1 has not bothered to invite fresh bids from people at large who are ready and willing to provide better services to the patients at the subsidized rates.
2.4 The petitioner had taken-up this issue with the respondent no.2, Ministry of Health & Medical Education, but despite many reminders, no action has been taken till this date.
2.5 Hence this petition.
3. Stance of the respondent no.1 :
3.1 The Central Government constituted the Rogi Kalyan Samiti / Hospital Management Society. The Ministry of Health & Family Welfare has framed guidelines which provides for “developing/leasing out different vacant land in the premises of the hospital for commercial purpose with a view to improve the financial position of the society.” The Central Government has accepted the Central Government’s Notification and pursuant to the same the Secretary (Family Welfare) and the Commissioner vide its letter dated 14th March, 2005 constituted the society. The State Government has adopted the guidelines of the Central Government with few modifications.
3.2 The State Government has constituted the committee vide its
