HC Bombay Hospital petition

  • | Tuesday | 28th March, 2017

However, the Supreme Court upheld the high court's verdict.In Indore, the lease agreement between Bombay Hospital Trust and Indore Development Authority was signed in 1995. However, according to the petitioner, Bombay Hospital has not been complying by this condition and all patients are being charged. On Monday, two weeks were given to all respondents to submit their replies to the petition. The hospitals had moved to the Apex Court challenging this judgment. "The hospital trust had raised preliminary objections to the maintainability of the petition claiming that the first appellate authority in matters concerning to the Bombay Hospital Trust is the charity commissioner at Mumbai," advocate Upendra Singh Chandrawat said.However, these objections were rejected by the court and notices were issued to all respondents to file their reply before the court.

Indore: The Indore bench of high court on Monday granted IDA two weeks to submit a list of all the hospitals that were given land in the city at subsidized rates and nominal annual lease rents on the condition of treating poor patients for free of cost.The directive was issued by a division bench of Justice PK Jaiswal and Justice Vivek Rusia on the plea alleging Bombay Hospital had been flouting lease norms by not providing free treatment to the poor patients.The petition was filed by Dheeraj Mohaniya through advocate Upendra SIngh Chandrawat.On the previous hearings, an order of the Delhi high court was referred in which the court had issued directions to the hospitals, who had been given land in Delhi at subsidized rates, that they must comply with the conditions of the agreement and should provide free treatment to the poor mandatorily. The hospitals had moved to the Apex Court challenging this judgment. However, the Supreme Court upheld the high court's verdict.In Indore, the lease agreement between Bombay Hospital Trust and Indore Development Authority was signed in 1995. The hospital was given over 31,000 square metre of land at Rs 100 per square metre with an annual lease rent of Rs 1 per annum, on the condition that 15 per cent of total patients at the hospital, who belong to low income groups, should be treated for free.The lease deed also said that in case of failure to comply with this condition, the lease of the hospital should be considered cancelled. However, according to the petitioner, Bombay Hospital has not been complying by this condition and all patients are being charged."The hospital trust had raised preliminary objections to the maintainability of the petition claiming that the first appellate authority in matters concerning to the Bombay Hospital Trust is the charity commissioner at Mumbai," advocate Upendra Singh Chandrawat said.However, these objections were rejected by the court and notices were issued to all respondents to file their reply before the court. On Monday, two weeks were given to all respondents to submit their replies to the petition.

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