Justice For All vs Secretary Health Government Of Nct Of Delhi & Ors

D.N. Patel, CJ

This writ petition has been preferred with the following prayers:

"(a) Issue any appropriate writ, order or direction to respondents to allot adequate number of plots/sites for construction of muhalla clinic with permission to raise the appropriate temporary structures to run the muhalla clinics.

(b) Issue any appropriate writ, order or direction to the respondents PWD, DSIDC and DUSIB to construct temporary structure with for muhalla clinic with adequate facilities at war scale in time bound manner.

(c) Issue any appropriate writ, order or direction to the respondent secretary health to depute doctors and other staff and provide proper facilities for smooth running of muhalla clinic.

(d) Issue any appropriate writ, order or direction to the respondent Union of India, DDA and MCD to remove the technical difficulties for construction of temporary structure and running muhalla clinic.

(e) Pass any such order or further orders or directions as this Hon'ble Court deems fit in the facts and circumstances of the present case in favour of petitioner and against the respondents.

(f) Allow the present PIL with costs."

Counsel appearing for the petitioner has submitted that a policy decision has been taken by the Government of NCT of Delhi for construction of muhalla clinics at different places in NCT of Delhi and the petitioner is in search of plots/sites for the construction of muhalla clinics and for the deputation of the doctors and staff etc.

It appears that the respondents who have taken policy decision for construction of muhalla clinics is capable enough for getting the plots/sites from the concerned respondent authority. There cannot be any policy decision in air - without any basis.

Whenever respondents take a decision for construction of muhalla clinics, the bare minimum things to get the plots/sites and deputation of the doctors and staff cannot be ignored by such institutions. We, therefore, direct the concerned respondent authority to pursue their matter with the concerned Municipal Corporation and Central Government authorities to get the plots/sites for the construction of muhalla clinics and depute the doctors and staff and develop other necessary infrastructure for the same as early as possible and practicable.

With the aforesaid observation, this writ petition is hereby disposed of.

C.M. No.5029/2019 (Direction)

In view of the final order passed in W.P.(C) 8156/2017, this application stands disposed of as infructuous.