Rameshwar Dutt Kaushik & ORS. v. Govt Of NCT Of Delhi & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4004/2020 & CM No. 14382/2020 RAMESHWAR DUTT KAUSHIK & ORS.

..... Petitioners Through Mr.Karan Kakkar, Mr.Gautams Swarup, Mr.Kunal Sharma and Mr.Arjun Kakkar, Advs.

versus GOVT OF NCT OF DELHI & ANR.

..... Respondents Through Mr.Anupam Srivastava, ASC for GNCTD/R-1 and Ms.Divya Joshi, Adv.

Mr.Rajiv Nayar, Sr. Adv. with Mr.Arjun Dewan, Mr.Saurabh Seth, Mr.Shahryar Khan, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 28.07.2020 1.

This hearing has been held by video conferencing. 2.

This petition has been filed by the petitioners inter-alia challenging the notice dated 09.06.2020 issued by the respondent no.1 directing 100% of the facilities in the respondent no.2 hospital be reserved for purpose of COVID-19 treatment.

3.

Pursuant to the order dated 08.07.2020 of this Court, a Committee examined the infrastructure available with the respondent no.2 hospital and submitted its recommendations dated 18.07.2020 to the following effect: "1.) OPD services in the form of tele consultation as well as

physical consultation in all the specialities is already available for non-Covid patients.

2.) Dialysis services are being provided to both non- Covid & Covid patients.

3.) At this point of time it is difficult to speculate epidemiologically whether the number of Covid patients requiring indoor admission would increase or decrease." 4.

The learned counsels for the respondents submit that the recommendations have been duly implemented.

5.

On the submission of the learned senior counsel for the respondent no.2 regarding non-utilization of the full infrastructure of the respondent no.2 hospital due to lack of patients suffering from COVID-19, this Court by its order dated 21.07.2020, had directed the respondent no.1 to consider such submissions through a Committee appointed by the Lieutenant Governor of Delhi. The report of such Committee has now also been placed on record. 6.

The Committee is of the opinion that presently, status quo with regard to the number of COVID beds in Delhi in general and the respondent no.2 hospital in particular, be maintained.

7.

In view of the above, no further direction is required in the present petition. The petition is disposed of recording the above observations. 8.

As far as the respondent no.2 is concerned, the disposal of this petition shall not prejudice the case of the respondent no.2 in any manner. NAVIN CHAWLA, J JULY 28, 2020/Arya