Emphasising the need for standardised healthcare for the residents of Dwarka and its vicinity,the Delhi High Court has stepped in to ensure the locality gets a tertiary care centre soon. Setting aside a decision by the Delhi Development Authority (DDA),the court sanctioned revival of the land lease of a medical charitable trust,which had lost the lease right on account of delay in construction and also alleged violation of certain other conditions. Observing that a structure comprising three-storey basement and nine floors had already been constructed by the petitioner Human Care Medical Charitable Trust Justice Rajiv Sahai Endlaw held: Considering that the land has been allotted for hospital purpose and which allocation is deemed to have been done keeping in mind the density of population in the colony of Dwarka,it is found to be in the interest of all concerned to now ensure that the hospital becomes functional immediately. Directing the DDA to inspect the construction site at Sector-6 in Pappan Kalan in Dwarka and fix a deadline for completion of construction,the court asked the Trust to ensure completion of construction within the deadline fixed by the DDA. Hearing the petition by the Trust,Justice Endlaw noted that the facts of the case prompted the court to invoke its powers under the writ jurisdiction in public interest and issue directives to ensure there are no further delays in the hospital becoming operational. The plot is meant for an hospital to benefit the residents of the locality which in the recent years has seen a large influx of population. It is felt that if the dispute between the petitioner and the DDA is allowed to continue,it would further delay the hospital becoming operational. It is,therefore,deemed expedient that the remaining construction is completed at the earliest, said Justice Endlaw. Also indicting the Trust for the delay in construction,the court,in addition to composition charges,asked it to deposit Rs 15 lakh in the Prime Ministers National Relief Fund within four weeks. The DDA had in 2009 cancelled the lease of land for the Trust,contending there was an inordinate delay on its part in completing the construction and also that it had illegally changed the membership of the Trust from the time of the allotment of the land. By a perpetual lease deed,the Trust had been allotted land measuring 9,950 sq meters at Sector-6 in Pappan Kalan at Dwarka at a concessional rate in 1996 for constructing an hospital in the next two years. The DDA continued to extend the deadline for completion of work till 2007,and,eventually,it cancelled the lease in 2009. The court quashed the cancellation of the lease after noting that the DDA had not specified any reasons in its cancellation notice and also failed to give an opportunity to the Trust to contest the notice. This,as per the court,was violative of the principles of natural justice. Further,the lease deed did not put any bar on the change of members,noted the court,adding,notwithstanding the change in membership,the society still continues to hold the land as the lessee.
