Shri Vijay Kumar Badendra Khot & Anr. vs The Sangli, Miraj, Kupwad Municipal Corporation & Ors.

Heard Ms. Sinhasane, learned counsel for the Petitioners, Mr. Keluskar, learned counsel for the Respondent No.1 and Ms. Kapre, learned A.G.P. for the Respondent Nos.2 to 4-State.

By this P.I.L. Petition the Petitioners seek a direction to direct the Respondent No.1 - The Sangli, Miraj, Kupwad Municipal Corporation to construct the Multi Specialty Hospital and provide the health care and life saving medical services at ‘Kupwad’ town.

Learned counsel for the Petitioners submitted that as per the 2011 census, the population of Kupwad town is 1,09,446. Insofar as Sangli and Miraj City are concerned, the populations has 2,20,275 and 1,73,072, respectively. It is the submission of the learned counsel for the Petitioners that a sum of Rs.11,41,52,630/- was sanctioned to build 10+1 Health Care Centers to be established in this area. The State Government had sanctioned fund for construction of 30 bed Multi Specialty Urban Health Care Unit at Kupwad. It is further submitted that in Kupwad town, no adequate healthcare facilities are available for the residents and therefore there is a dire need for a Multi-Specialty Hospital at Kupwad, which presently has a large population. It is submitted that in fact by a Government Resolution (G.R.) dated 19^th September 2019 a Multi Specialty Hospital was sanctioned by the State Government at Kupwad. However, without any valid reason and in a very arbitrary manner by issuing a G.R. dated 29^th September 2020 the Multi-Specialty Hospital sanctioned at Kupwad was cancelled and instead the same was sanctioned to be constructed at Warnali area which is a part of Sangli city.

The distance between Kupwad and Warnali is hardly 3.7 k.ms.. In such view of the matter it is not possible for us to form an opinion that the impugned decision cancelling the G.R. is so arbitrary that the same warrants interference in the writ jurisdiction of this Court.

In any case, learned counsel for the Petitioners Ms. Sinhasane has fairly submitted that pursuant of the G.R. dated 29^th September 2020 the Multi-Specialty Hospital at Warnali has already been constructed and made open to the public. It is informed that there are several Multi-Specialty Hospitals in Warnali and Sangli city which is in close proximity to Kupwad town.

Nonetheless, it is the submission of the learned counsel for the Petitioner that the residents of Kupwad town, whose population has increased by leaps and bounds, are in dire need of a Multi-Super Specialty Hospital. Undoubtedly, the cause in this P.I.L. Petition and the concern raised is genuine. The decision to sanction a Multi-Specialty Hospital at Kupwad being in the realm of policy in the interest of the residents, has to be taken by the State Government and the Municipal Corporation after considering the overall circumstances and various factors. We can only observe that the desire of residents to the best of healthcare facilities in their vicinity is only natural.

We therefore leave it open to the Petitioners to make a comprehensive representation to the State Government as well as the Municipal Commissioner of the Respondent-Corporation for the reliefs prayed for in this P.I.L. Petition.

The State Government / Commissioner of Respondent-Corporation shall consider the representation if made on its own merits. We have no doubt that the same shall be considered sympathetically and even the State Government shall undoubtedly consider the proposal in the right earnest of submitted by the Commissioner of Respondent-Corporation for setting up such Multi-Specialty Hospital. We expect that a decision in this regard be taken at the earliest, upon considering all relevant factors necessitating the establishment of such a Multi-Specialty Hospital in the Kupwad town.

P.I.L. Petition is disposed of in the above terms.