RML Hospital expansion: Why Centre wants Akshara Theatre’s plot

It sought the court’s direction to “forthwith commence construction of the permanent medical college building of Atal Bihari Vajpayee Institute of Medical Sciences (ABVIMS) (attached to RML Hospital)”. The foundation stone was laid by the Prime Minister on February 17, 2024.

In August, a division bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia, which has been hearing the matter, said the construction of the super specialty block “at the earliest will be in public interest and, therefore, no delay in completion of construction or removal of deficiencies required for issuance of fire clearance certificate can be accepted.”

The block is part of the expansion of the hospital.

Acting on a proposal by the hospital to create 2,054 additional sanctioned posts at ABVIMS and Dr RML Hospital “for the upcoming Super Specialty Block”, the Department of Expenditure, under the Ministry of Finance, on July 28 agreed to create 217 posts.

The department, in a communication, added that the Ministry of Health and Family Welfare “may seek creation of remaining posts once the (block) is operationalised”.

On September 22, the hospital told the court that “with the available human resources, the functioning of the Super Speciality Block can commence”.

When the plea was taken up for a brief hearing on Thursday, the bench was informed that the hospital is yet to begin recruitment for the said posts.

Why this particular plot is being sought

The plot housing the theatre adjoins the RML Hospital complex and is locked by hospital premises on two sides.

The land was leased to the theatre in 1984 under a perpetual lease.

In March this year, the Centre, through its Land and Development Office (L&DO) under the Ministry of Housing and Urban Affairs, directed that the theatre “hand over peaceful possession of the premises”.

The notice said the land was “critically required” for expansion of hospital facilities, including integration with the proposed CGHS Wing and Super Specialty Block. It said there was no feasible alternative site available for the expansion “without disproportionate disruption to ongoing healthcare services”.

The Centre noted that RML Hospital’s demand “constitutes an undeniable and overriding public purpose, serving a large population of Delhi and surrounding areas, being directly connected with augmentation of public healthcare infrastructure in the Central District of Delhi”.

The L&DO issued a resumption and re-entry notice on March 11. Akshara Theatre approached a district court with a civil suit, which continues to remain pending.

In August, the estate officer further initiated proceedings for the theatre’s eviction.

On September 24, the theatre moved the High Court challenging two orders of the estate officer.

Represented by senior advocate Sanjay Jain, it objected to the course of the proceedings taken by the estate officer and claimed it curtailed their right to be heard and principles of natural justice.

During the September 25 hearing, central government’s standing counsel Ashish Dixit informed the court that the estate officer had passed a final order on the proceedings the same day, directing eviction.

While seeking the Centre’s response to Akshara Theatre’s plea, Justice Shankar stayed the eviction order.

The bench observed, “… having regard to the peculiar circumstances in which the proceedings have unfolded, this court is of the view that, at this stage, it would be appropriate to direct that the eviction order… remain in abeyance.”