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2026 Supreme(Online)(SC) 1736

SUPREME COURT OF INDIA
Prashant Kumar Mishra, N.V. Anjaria, JJ
Union Of India – Appellant
Versus
Moolchand Khairati Ram Trust – Respondent
Miscellaneous Application No. 1187/2019 in C.A. No. 3155/2017

Advocates:
For the Appellants/Petitioners: Sanjay Jain, Ninad Laud, Ivo D’Costa, Aswin Suren, Gokula Krishna T., Harshita Sukhija, Ishani Shekhar, Rishika Agarwal, Vikramjit Banerjee, Swati Ghildiyal, Nimesh Bhatt, Sonakshi Sinha, Apoorva Anand, Nring Chamwibo Zeliang, Shrisha Chandra, Hritik Pathak, Ram Narayan Mohanty, Rakesh Kumar
For the Respondents: Nina Gupta, Lalit Bhasin, Mansi Bajaj, Radhika Gupta, Aditya Bhasin, Nitin Mishra, Ishaan Sharma, Mitali Gupta, Rahul Jain, Lalit Mohini Bhat, Ankur Chhibber, Anshuman Mehrotra, Nikunj Arora, Prahil Sharma, Arjun Panwar, Amrit Koul, Muskaan Dutta, Aishwarya Sharma, Ashish Pandey, Namit Suri, Kapil Midha, Pepakayala Geetanjali, Garv Singh, Vartika Gautam, Preetpal Singh, Yadavi Malhotra, Nitin Garg, Bathala Ramesh, Bano Deshwal, Sunita Sharma, Ravi Kumar Tomar, Sridhar Potaraju, Sudhir Mishra, Ritwika Nanda, Petal Chandhok, Gaichangpou Gangmei, Veer Singh, Pragya Parijat Singh, Rakesh Malhotra, Kushal Malhotra, Savita Singh, Jacob Benny, Mohnish Nirwan, Ritika Gaur, Umesh Dubey, Raghenth Basant, Aanchal Tikmani, Kaushitaki Sharma, Syed Mujadid Gilani, Gaurav Sarin, Supriya Juneja, Aditya Singla, Harish Kumar, Mrigank Prabhakar, Tarang Agarwal, Mrigank Kumar, Astha Singh, Sakshi Banga, Rajeev Sharma, Uddyam Mukherjee, Shruti Sharma, Shreya Sharma, Swapnil Pattanayak, Kratika Kushwaha, Nishant Kandpal, Arunima Singh, Chitrangda Rastravara, Anirudh Singh, Abhijeet Singh, Aishwary Mishra, Dhananjai Shekhwat, Yuvraj Singh, Pearl Pundir, Dashrath Singh, Anoop Prakash Awasthi, Shubham Dubey, Rushikanta Dash, Jasleen Kaur, Sandeep Agarwal, Rajesh Pathak, Kumar Ajit Singh, Manjeet Kirpal, Vikas Mehta, Manish Aggarwal, Vaishak Omanakuttan, Piyush Kant Roy, Bipul Kumar Mishra, Ankita Dwivedi, Bhukya Reshma Bai, Ruchika Rathi, Abhishek Malhotra, Deepak Biswas, Kartikay Dutta, Mayank Rai, Anukriti Trivedi, Anil Bhat, Vivek Gupta, Krishna Kumar Pandey, Balwant Chaubey, Preeti Gupta, Gopal Sankaranarayanan, Manu Nair, Manik Singh, Saurabh Gupta, Samridhi Shukla, Shourya Dasgupta, S. S. Shroff, Rajiv Bahl, Arun K. Sinha, Rakesh Singh, Sumit Sinha, Dhruv Mehta, Neeraj Yadav, Davesh Bhatia, Anuj Tiwari, Siddharth Dave, Sameer Rohatgi, Anuradha Dutt, Anish Kapur, Haaris Fazili, Nikhita Suri, Prachi Pandey, Raghav Dutt, B. Vijayalakshmi Menon, Rajeev Shakdher, Ribhav Pande, Aayush Shukla, Karan Khetani, Yadav Narender Singh, Amitt Mehtta, Shruti Munjal, Neeraj Kishan Kaul, Mahesh Agarwal, Manu Krishnan, Chanan Parwani, E. C. Agrawala, Saket Sikri, Ekta K Sikri, Vikalp Mudgal, Kshitij Mudgal, Priyansh Choudhry, M H Zahidi, Ansh Mittal, Manoj Chauhan, Vikramaditya Singh, Ujjawal Singh Parmar, Neha Raj Singh, Yashika Gupta, R Venkat Prabhat, Ekta Choudhary, Ashok Chhabra, Mohit D. Ram, Nayan Gupta, Gaurav Bahl, Avinash Sharma, Gaurav Kumar, Joginder Singh Berwal, Anil Kumar, Prateek Walia, T Jayaraman, Chetan Sharma, Deepak Aggarwal, Sangeeta, Kartik Khanna, Arun Sharma, Tulika Bhatnagar

The court mandated inter-departmental coordination through a collaborative meeting of stakeholders to develop a Standard Operating Procedure (SOP) for ensuring hospital compliance with public health and welfare mandates for economically weaker sections.

Headnote:The court reviewed compliance affidavits filed by various hospitals regarding previous judicial directives. Amicus Curiae were appointed to analyze these submissions, survey the spatial distribution of these institutions, and propose an implementation framework. Based on this data, the court determined that a concerted, multi-departmental coordination effort is required to synchronize the fulfillment of its prior orders. The essential issue pertains to the effective enforcement of medical service obligations towards economically vulnerable sections across noticee hospitals. The court reasoned that in view of the conflicting status of compliance and the complexity of operationalizing these requirements, a joint meeting involving stakeholders from medical, governmental, and land-owning agencies is necessary to create a standardized operating procedure. The court ordered a coordinated meeting in the Delhi Secretariat on 23.05.2026 involving all listed stakeholders to finalize the required SOPs and posted the matter for further hearing on 29.07.2026.

Table of Content
1. status assessment of compliance with court directives by hospitals. (Para 1 , 2 , 3 , 4 , 5)
2. mandating inter-agency collaboration to formulate an effective compliance framework. (Para 6 , 7 , 8)

O R D E R

1. Consequent to our orders dated 24.02.2026 and 22.04.2026, compliance affidavits have been filed by all, except six hospitals.

2. On 22.04.2026, we appointed Shri Sanjay Jain, Senior Advocate and Shri Ninad Laud, Advocate as Amicus Curiae to compile and prepare a chart on the basis of compliance affidavits filed by the hospitals and assist this court during hearing. The Amicus Curiae have submitted a report dated 10.05.2026 giving status of compliance/ non compliance of this Court’s directions on the part of the noticee hospitals.

3. The Amicus Curiae have prepared Geo representations of the 51 noticee hospitals on the base map of Delhi with adjoining jhuggi jhopdi bastis recorded with the Delhi Urban Shelter Improvement Board and Delhi Development Board authorized colonies on the base map of Delhi.

4. The amici have given details of the salient features of the compliance affidavits of the noticee hospitals and thereafter, have accorded suggestions as to the manner in which the noticee hospitals should effectively comply with the directions issued by this Court.

5. In preparing the report, the amici have also interacted with Dr. Kusum Arora, Superintendent Nursing Home and EWS (Economically Weaker Section) In-charge, GNCTD, who is present today before this Court.

6. Having seen the report prepared by the amici and the status of the compliance stated by the noticee hospitals in their compliance affidavits as also the suggestions in the report of the amici, we are of the view that there should be joint meeting(s) of the following officers/ officials of the various Departments/ Ministries so that a guideline and/or SOP for implementation/ compliance of this Court’s order can be prepared and the same can be implemented;

a. The amici, Shri Sanjay Jain, Senior Advocate and Shri Ninad Laud, Advocate.

b. Dr. Kusum Arora, Superintendent Nursing Home and EWS (Economically Weaker Section) In-charge, GNCTD.

c. Noticee hospitals through their medical superintendent/authorised officers.

d. Secretary of the Department of Health & Family Welfare (MoHFW), GNCTD.

e. Director, Land and Development Office, Government of India.

f. Senior Officers from the land owning agencies.

g. Deputy Commissioner level officer from Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board.

h. Director level officer from Delhi Development Authority.

i. Joint Secretary, Ministry of Health, Central Government.

7. Let Dr. Kusum Arora, Superintendent Nursing Home and EWS (Economically Weaker Section) In- charge, GNCTD in consultation with the amici, Shri Sanjay Jain, Senior Advocate and Shri Ninad Laud, Advocate, convene a meeting with the above mentioned officers/ officials of the various Department/ Ministries in Delhi Secretariat on 23.05.2026 at 04:00 p.m.. The meeting shall continue till an effective SOP/ guideline is prepared.

8. Post the matter on 29.07.2026.

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2026 Supreme(Online)(SC) 1736

SUPREME COURT OF INDIAPrashant Kumar Mishra, N.V. Anjaria, JJUnion Of India – AppellantVersusMoolchand Khairati Ram Trust – RespondentMiscellaneous Application No. 1187/2019 in C.A. No. 3155/2017

The court mandated inter-departmental coordination through a collaborative meeting of stakeholders to develop a Standard Operating Procedure (SOP) for ensuring hospital compliance with public health and welfare mandates for economically weaker sections.

SUPREME COURT OF INDIA
Prashant Kumar Mishra, N.V. Anjaria, JJ
Union Of India – Appellant
Versus
Moolchand Khairati Ram Trust – Respondent
Miscellaneous Application No. 1187/2019 in C.A. No. 3155/2017