Dr. Bhalchandra S/O Jageshwar Subhedar v. State Of Maharashtra, Through Secretary, Ministry Of Urban Development, Mumbai And Others

1 23-PIL-41-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR PUBLIC INTEREST LITIGATION NO. 41 OF 2019 (Dr. Bhalchandra s/o Jageshwar Subhedar Vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.M. Sudame, Advocate for the petitioner. Shri D.P. Thakare, Additional Government Pleader for respondent nos. 1, 3 and 4. Shri Parth Malviya h/f Shri D.V. Chauhan, Advocate for respondent no.2. Shri G.A. Kunte, Advocate for respondent no.5. Ms S.S. Jachak, Advocate for respondent no.6. Shri S.C. Reddy h/f Shri S.P. Bhandarkar, Advocate for intervenor. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

D ATE : SEPTEMBER 27 , 2023 By order dated 29/3/2023, the learned Additional Government Pleader on instructions had submitted that the appeal that was filed under Section 108-A of the Nagpur Improvement Trust Act, 1936 would be decided by the State Government within a period of three months. In the order dated 23/8/2023, it has been noted that hearing of the appeal was concluded on 11/7/2023. 2] In view of the fact that the appeal has now been heard, it is directed that the aforesaid appeal be decided within a period of four weeks from today by passing orders thereon. The learned Additional Government Pleader to communicate this direction to respondent no.1.

3] One of the prayers in the present proceedings is to appoint a Committee of eminent citizens to examine the aspect of reviving and running a multi specialty hospital where the Nagpur Nagrik Rugnalaya was earlier operating. Pursuant to the orders passed in the proceedings, the petitioner has submitted names of some eminent citizens who could be considered as Members of the said Committee. Similarly, the Nagpur Improvement Trust by its communication dated 8/9/2023 has also indicated names of five eminent citizens who could be considered for such appointment. The learned Additional Government Pleader submits that the names suggested by the Nagpur Improvement Trust could be considered. Three names have also been suggested by the learned Counsel for the intervenor for consideration.

2 23-PIL-41-2019.odt 4] Since the issue pertains to considering suggestions for conduct of medical hospital along with various facilities, we deem it appropriate to direct the Divisional Commissioner, Nagpur along with Dean, Government Medical College and Hospital, Nagpur to consider the aforesaid names and suggest a Committee comprising of five eminent citizens from amongst the names suggested. The Divisional Commissioner is free to consider all relevant aspects while making such suggestions. The learned Additional Government Pleader to communicate this direction to the Divisional Commissioner, Nagpur and Dean, Government Medical College and Hospital, Nagpur.

5] Stand over 11/10/2023 for further consideration. (MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 29/09/2023 11:23:36