Thane: Bombay HC Snarls Civic Body For Its "Apathy" In Building Hospital Since 15 Years

The Bombay High Court (HC) snarled over the Thane Municipal Corporation (TMC) for showing a lack of interest in the construction of a 100-bed hospital at Kausa in the Mumbra area which was planned 15 years ago. The right of every citizen to seek quality, affordable healthcare is protected by Article 21 of the Constitution, the court stated.

The hospital hasn't been made operational yet, despite plans to build it being made in 2008, according to the court. "There cannot be any justification for such unexplained and inordinate delay in completion of a project concerning the healthcare of the general public," the court stated. To ascertain the status of the case, the court has appointed a three-member court committee consisting of a medical professional, a qualified civil engineer, and a lawyer.

When hearing a PIL filed by the Association for Protection of Civil Rights (APCR) and others alleging a lack of facilities for local residents due to an incomplete civic hospital and denial of basic fundamental rights to them, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor issued an order.

The court took notice of the civic body's decision to build the hospital on an area measuring 8,500 square meters and the initial payment of INR 10 crore that was approved for the project. Later, in July 2013, a preliminary budget of IINR 27.83 crore was approved. It eventually changed to INR 54.36 crore, though, and the civic authority's general body accepted it in February 2014. The building of the 100-bed hospital was to be finished in accordance with the work order, which was issued in August 2014, within 24 months, monsoon season excluded.

The court stated it appears that the work was increased as they planned to increase the facilities being provided at the hospital including tuberculosis, pathology, and paediatric wards, among others. The new plans were sanctioned in February 2016, and the designs were revised accordingly. The civic authority asserted that some work had been completed, but in April 2018, the general body once more approved an extra INR 67.88 crore.

The local authority asserted that outpatient, gynecology, and administrative departments have already been established with the existing staff and that permission has been obtained for the hiring of doctors and other staff.

Through senior solicitors Yusuf Muchhala and Karim Pathan, the petitioner refuted the assertion and said the city council had moved one of its primary health centers into the hospital facility while falsely asserting the gynecology section was operational.

The bench further stated that it seemed like civil and electrical work had not yet been completed and the hospital was yet to become operational. The appointed court commission will pay a visit on the spot, inspect and interact with available staff, and prepare a status report.

The panel should report on the building's progress, the infrastructure facilities that are currently available, the healthcare services that are currently offered, and determine which additional departments may be launched right away at the current structure.

The panel will also provide a report on the medical equipment that was purchased by the next hearing date. The municipal organization was also asked to provide an affidavit by the high court about the hospital's equipment purchases, adequate staff hiring, and the shortest amount of time needed for the facility to be completely operational. The PIL will next be heard by the high court on November 8.