The Punjab and Haryana High Court Tuesday restrained authorities in Haryana from taking coercive action against Rajiv Gandhi Charitable Trust’s eye hospital in Gurgaon. The orders came on a plea by the Trust seeking directions to Haryana government to grant it occupation certificate and for a decision over its application pending since December 2017.
UPA chairperson Sonia Gandhi is chairperson of the Trust and Rahul is a trustee. A division bench while granting interim relief to the Trust issued notice to the Haryana government and its pollution control board and adjourned the hearing to July 30.
In the latest petition pertaining to the hospital, the Trust said that it has been served a show cause notice for closure by the Haryana State Pollution Control Board and it apprehends that it may face coercive action due to the alleged attempts to proceed against it under the environmental laws. The plea said the HSPCB has sent a notice to it pertaining to lack of occupation certificate.
In the plea filed through advocate R Kartikeya Iyer, the Trust told the court that “post the change in political dispensation on May, 2014 and formation of the BJP government at the Centre followed by the change in political dispensation in Haryana, clear instructions were given by the state government to hamper the work of the charitable hospital in a fashion so as to cancel (its) permission and disapprove a constructed hospital meant for welfare of people Haryana and adjoining areas”.
The Court was told that the Indira Gandhi Eye Hospital and Research Centre was the largest provider of eye care services in north India and it was built on the land leased out to it by the gram panchayat Ullawas (Gurgaon). The Court was further told that the government had earlier also made efforts to stop operations of the hospital by raising the issue regarding the CLU permissions and its land lease but the same were stayed by the High Court.
Stating that the the government now has come against it through the Board via a notice pertaining to the occupation certificate, the court was told that the Trust already has applied for grant of occupation certificate and requested the details of the composite charges but the same have not been provided till date since 2016. The plea said the position regarding non-consideration of their application by the government has been provided to HSPCB, adding the government has lately taken refuge of an order passed by the Supreme Court for CBI inquiry into the land deals in Gurgaon, including in Sector 62 where the hospital is located, for non-consideration of its application.
Stating that the government has taken a specific stand in other cases that it would not grant further permissions for renewal of license, approval of building plans or issue of occupation certificate in case licensing area falls within the ambit of CBI inquiry, the Trust said that on one hand there is the government decision to not consider any application for the occupation certificate and and on the other hand the HSPCB intends to take action against it for alleged non-availability of the certificate.