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This is an archive article published on January 30, 2024

Make hospital functional, provide free medical aid to poor: HC to Thane Municipal Corporation

The bench said that any agreement entered into by TMC to run the hospital on a PPP model would have to be in conformity with its 2022 resolution.

Thane Municipal Corporation, PPP model hospital in Mumbai, free medical services to poor, Bombay HC, right to life, Hakim Ajmal Khan hospital in Mumbai, public private partnership, indian express news. The court also permitted the petitioners including the APCR and three others to make representation to the principal secretary of the department concerned, raising alleged regularities in the process of construction of the hospital building. (Representational Image)

The Bombay High Court on Monday directed the Thane Municipal Corporation that the 100-bed civic hospital be made functional and even if the civic body enters into public private partnership (PPP) model to run the same, it should provide free medical aid services to poor people.

Referring to a past Supreme Court judgement, the HC noted that “right to life does not mean mere animal existence”. “It will encompass in it the right to live with dignity and if any citizen is deprived of affordable public health services, right to life with dignity cannot be ensured, it will rather be compromised,” the bench said.

The HC passed the verdict in PIL by the Association For Protection of Civil Rights (APCR) and others alleging lack of facilities to residents of Mumbra and Kausa due to lack of efforts by TMC in making the Swatantrya Sainik Hakim Ajmal Khan hospital planned 15 years ago functional.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor directed the TMC to run the hospital, ensuring that decisions taken by it as per its resolution of March 3, 2022, to discharge the duty cast upon it and provide free medical services to the poor and to those who do not have yellow and orange ration card and other patients who are residents of TMC area. The bench said the decisions taken by it in its resolution shall be complied with in “letter and spirit”.

The bench said that any agreement entered into by TMC to run the hospital on a PPP model would have to be in conformity with its 2022 resolution. The court also permitted the petitioners including the APCR and three others to make representation to the principal secretary of the department concerned, raising alleged regularities in the process of construction of the hospital building.

The petitioners, through senior advocate Yusuf Muchhala had argued the said irregurities had resulted in “cost escalation and favouritism, causing unnecessary burden on the state exchequer”. The HC said the state government shall consider the grievances and take an appropriate decision as per law.

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