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Citizens Action Committee, Nagpur Vs. Civil Surgeon, Mayo (General) Hospital, Nagpur and ors. - Court Judgment

LegalCrystal Citation
CourtMumbai High Court
Decided On
Case NumberWrit Petn. Nos. 1915 and 1916 of 1984
Reported inAIR1986Bom136; 1985(1)BomCR379
ActsConstitution of India - Article 226; City of Nagpur Corporation Act, 1950 - Sections 57 and 57(2); Nagpur Improvement Trust Act, 1936; Maharashtral Legislature passed Act, 1964
AppellantCitizens Action Committee, Nagpur
RespondentCivil Surgeon, Mayo (General) Hospital, Nagpur and ors.
Appellant AdvocateA.S. Bobbed, Adv.;B. Pendharkar, Amicus Curiae
Respondent AdvocateW.M. Sambre, Govt. Pleader,; A. Shelat, Adv. (for Corporation) and;R.E. Moharir, Adv. for M.S.E.B.,;S.P. Dharmadhikari,;M.P. Badar and;R.E. Moharir, Advs.
the case dealt with the nature and extent of the jurisdiction of the high court under section 57 of the city of nagpur corporation act, 1950 - it was held that it would be the jurisdiction of the high court to issue the appropriate direction and to give relief to the citizens in respect of the civic amenities - in view to this, section 57(2) of the act would not be a cause for interference in the jurisdiction of the high court - - '). on all vital matters citizens complain that the civic systems are stinking and are sick; 2 of 1950. the city was also incorporated when it enjoyed the status of the political capital, initially of the central provinces and berar and then of the state of madhya pradesh. 6. for the last three decades or over, the city had admittedly overgrown in area as.....masodkar, j.1. the citizens action committee is an organisation of the citizens. they have filed by their secretary and other members numbering about 10, these two petitions complaining against the statutory authorities and public authorities, who are the respondents before us including the state, in that, in spite of constant correspondence, requests and publications in press, cuttings of which are appended with photo prints to the petitions, the authorities have not cared and have in fact continued the state of affairs with regard to the roads, sanitation and public health to deteriorate in the city of nagpur to such an extent that the intervention of this court in its extraordinary jurisdiction has become expedient and necessary.2. after looking into prima facie allegations with regard.....

Masodkar, J.

1. The Citizens Action Committee is an organisation of the citizens. They have filed by their Secretary and other Members numbering about 10, these two petitions complaining against the statutory authorities and public authorities, who are the respondents before us including the State, in that, in spite of constant correspondence, requests and publications in Press, cuttings of which are appended with photo prints to the petitions, the authorities have not cared and have in fact continued the state of affairs with regard to the roads, sanitation and public health to deteriorate in the city of Nagpur to such an extent that the intervention of this Court in Its extraordinary jurisdiction has become expedient and necessary.

2. After looking into prima facie allegations with regard to the roads involving non-repairs, traffic congestion, non-maintenance, not providing lighting, so also the matters of sanitation involving pollution, non-cleaning of refuge, permitting open sewage drains, not canalising the open dirty nalas and with regard to the public health involving the matters of the running the three Government Hospitals and further dumping of human refuge without any further treatment leading to obvious public hazards we thought it fit to direct notices to issue to all authorities concerned, who are joined as respondents. The picture brought to us by the citizens was that the City was stinking as was at the point of collapse, fighting against various pressures and the authorities were not taking remedial measure. That appears to be the general criticism from the newspaper cuttings with regard to various matteersw. It is not necessary to refer to all those news items, Which have been put on record to show the objective date at various places and times. Similarly we were presented a list of 36 localities with a complaint that they have not been supplied with basic amenities of roads, lighting, sewage lines, etc.

3. During the course of the proceedings all the authorities have filed their say explaining their position. With the consent of the parties we thought it fit to appoint two Fact Finding Committees. Two of the Fact Finding Committees have made the reports of the facts observed by them. These reports are Exhs. A to D appended to these two petition. After all the submissions and affidavits were put in, we sorted out issues which could be dealt with on admitted positions between the parties and with the consent of all concerned, we recorded our directions on each of the issues. These issues and the directions meet the main issues and the directions meet the main grievances raised in these two petitions by the petitioners. Those issues and the directions are set out in the Annexure to the judgment and form part of the present judgment. We may make it clear that we have given time bound programme after due discussion with the authorities concerned. Wherever the matters of policy were involved, we directed the State to lay down the policy and further to issue directions to the concerned statutory authorities.

4. Having done all this, which could be achieved with the very able active assistance of the learned counsel appearing for all the parties and also of the authorities who appeared in person, we proceed to mention factual and the legal aspects in support of these directions and further the necessity for appointing an Investigative and Remedial Measures Suggestive Committee ('I. R. M. S. C.'). On all vital matters citizens complain that the civic systems are stinking and are sick; hospitals are plagued by problems, while answering respondents assure that everything is being done within the available time and resources.

5. During the course of hearing, we were taken through the length and breadth of the City by presenting to us the facts which were observed and are the parts of the four reports. The City of Nagpur is an incorporated City, in that, its governance and its civic administration vests in the City Corporation under the provisions of Act No. 2 of 1950. The City was also incorporated when it enjoyed the status of the political capital, initially of the Central Provinces and Berar and then of the State of Madhya Pradesh. Since the States Reorganisation, it is no more the political capital, but it continues to hold practically the status of the shadow capital of the State of Maharashtra, the political center having shifted to Bombay.

6. For the last three decades or over, the City had admittedly overgrown in area as well as population; and by notifications, its boundaries stand extended to include within its bounds satellite townships or villages. The pressure on the City is constantly increasing, so also its problems. This has all posed a challenge to every system, right from traffic to sanitation. As we indicated earlier, 36 localities have sprung up and have come before us clamoring for basic civic amenities.

7. When citizens are thus incorporated into the city of Nagpur Corporation and other such authorities. Similarly it is legitimate for them to approach the Trust and other Authorities for redress. The problems of City growth and development of the City are in charge of Nagpur Improvement Trust right from the year 1936. For the purposes of planning extension and improvement of the City of Nagpur, the legislation exists in operative form being the Nagpur Improvement Trust Act, 1936. Under the provisions of the Electricity (Supply) Act, 1948, the Maharashtra State Electricity Board is the authority that supplies electricity and power for the consumption of the citizens, industry as well for lighting public utility as well the road, The supply of electricity is thus a matter of statutory function of the statutory Board. In 1963, Maharashtra Legislature passed Act No. 20 of 1964 under which the Agricultural Produce Market Committees have been established. Such a market committee is put in charge of providing market yards. One such committee which is also a corporation under the statute exists for the purpose of Nagpur Market. In the City of Nagpur, the State has established three hospitals, two having teaching complexes being the Mayo General Hospital attached to Indira Gandhi Medical College, Government Hospital attached to the Govt Medical College and the third being Daga Hospital which is a hospital for women and children. These hospitals are funded by the State and maintained by several State Agencies. For the purposes of traffic and street regulation and also for abating the nuisance there exists under the control of the Commissioner of Police (City), the statutory agency of Police so as to provide necessary measures of law and order as well with all security and to regulate traffic.

8. In the course of hearing before the Fact Finding Committees' reports as well thereafter, we have received affidavits of the citizens, of the experts, as well of public authorities. As stated earlier on the basis of the express consensus and consent, we sorted out the different issues of facts and have made directions.

9. The position of law regard to our jurisdiction which was not disputed by any party to issue directions and to give reliefs to the citizens, is well settled. The obligation to provide these civic amenities mainly rests upon the Corporation. That is evident by reason of the provisions of S. 57, particularly sub-s, (I), cls. (a), (b), (c) and (f), City of Nagpur Corporation Act. Sub-section (2) does not stand in the way of this Court while exercising its extraordinary jurisdiction to issue appropriate directions. We may specifically state that no such point was taken before us by any of the authorities; so is the position under other statutes under which public authorities are constituted and are charged with public duties.

10. With regard to the public health and public nuisance, we have the high authority that even under the provisions of the Municipal Act, orders could be made against the Municipal Council v. Vardhichand, : 1980CriLJ1075 the Supreme Court observed by referring to the provisions of the Municipal Act and the duties imposed upon the Municipal Council under the M. P. Municipalities Act which are more or less pari materia to the provisions of the Corporation Act and also in the context of the directive principles available in Art. 47, that in such matters the law will have to be relentlessly enforced and the plea of poor finances will be poor alibi when people in misery cry for justice and that dynamics of the judicial process has a new enforcement dimension. So also, we have the decision of this Court in the case of Corporation of the City of Nagpur v. Nagpur Electricity Light and Power Co. : AIR1958Bom498 , laying down that the statutory duty devolved upon a public utility concern is a public duty and the writ can issue so as to compel compliance of such statutory duty.

11. As the law appears to be well settled on these aspects, after noticing the facts found by the Fact Finding Committees and after due discussion with all the parties, we made an Annexure of the various issues and recorded our directions to be complied with by all the authorities concerned.

12. Such directions or writ by the Courts are not issued to run the Government through Court. We hasten to dispel any such impression. These are issued so as to compel the statutory bodies including the State to stand by the citizens and to do their public duty so that the purposes of public laws expressly enacted are not frustrated. While doing so, furtherance of public interest is the sole touchstone. That is equally the central point of judicial considerations. The domain of jurisdiction in this regard is occupied by the administration of public law. That should be evident from directions contained in the Annexure which are intended to meet the grievances found to be real and genuine and to afford remedial measures to the citizens incorporated in the City of Nagpur, matters of policy being left to the authority concerned.

13. We may observe that the City is a vital fact of national life. Particularly, an incorporated City is not only the people or the given area, but conceptually and in effect is the charge and child of the incorporate law. That law may be an incorporating statute or an improvement legislation or a high statutory charter. For all intents and purposes, these incorporating legal instruments are required to be followed and duties thereunder faithfully and bona fide performed. That alone can sustain the identity as well the integrity of the City as a pulsating unit of public administration. From times immemorial City is so recognised and identified as such. It has acquired a necessary place of pride in the march of human civilization. Unless Cities are maintained along with its basic systems, in their proper form, the history of nations suggests that civilization degenerates and cannot flourish and flower. With the collapse of cities, it is well known came the collapse of Roman Power. In all ages of human development, cities have played a key role being the catalytic agent for social-economic growth. In fact the march of civilization is interspersed and scintillated by the milestones of well ordered cities. History in this regard has many a lesson to offer.

14. Along with the City, comes the art of Government, of framing and enforcing law as well necessarily the technique of public administration. Every city provides to the constituent citizens nor merely roads and civic amenities, but that is all intermixed with his way of life by which he earns his livelihood. City has to be viewed as a living dynamism providing an economic base. Fundamentally, every city is interlinked and sustained upon such a base. As the base is fortified the city grows and acquires strength. It will be trite to observe that cities like men need and must have steady nourishment. Development of the modern city is intricately complicated phenomenon. It cannot be equated merely with a large body of people compacted in a small area. Modern City means and conveys a peculiar social structure, a specialised governmental organisation having unique legal status and possessing its intricate economic life all rolled into one. It is clearly a social, political, legal and economic unit and eventually a unit of Government. Being an agency used by the nation or the State for better governance of the people it evolves its legal system. Juridically the civic amentias like roads, sanitation's, city hospitals, etc., are all matters of legal entitlements. These represent a bundle of civic rights inherent in the objects themselves. Roads would not be roads unless maintained in usable state providing peaceful orderly entitlements of public user. So, is the position of other amenities. Once this position is realised, it would follow that city has to be viewed not merely as a form of Government, but also the problem in law, always subject to it, although related to its own economics and sociology. As city is bound in a wider sense to the national life, it would be truism to say that as the city is, so the nation will be. It is, therefore, fundamental that such grievances of the citizens as well those coming from the authorities who are in charge of the administration of the city should receive remedial redress even at the hands of the Court. This is an imperative in exercising the jurisdiction of the kind conferred by Art. 226 of the Constitution. The focal point while exercising this extraordinary jurisdiction is the maintenance of the integrity of the city itself. As we indicated above that involves the integrity of the laws too. The process of disintegration of the city, if permitted, eventually would lead to disastrous effects on the national life. It is a peril to which we must call a halt by whatever power at our command, for, what we observe is that the city is put for various reasons to undue strain which will affect its basic systems. It is essential that while we care for rural development, our city should not be allowed to suffer. There should be a constant vigil so that the city is protected and further that it is ordered to grow by taking proper measures of development and planning. Good Government and Welfare State is a normative process of administration. That aims at preserving and making available to the people an orderly and peaceful growth balancing the needs of rural and urban development. As we touch upon these vital considerations our task becomes delicate requiring us to balance not only the grievances of the citizens, but also the responsibilities and obligations put on the different authorities.

15. What then is the over-view of the facts alleged and found in these two petitions? We have had hardly any difficulty in accepting broad facts as were noted by the Committees in the four reports. In fact, we drew our conclusions of facts and put them in the form of issues and directions were worked out n the basis of those facts. That by itself would show that the petitioners have established substantially that the grievances of the citizens are real and genuine; roads, sanitation as well as the public health systems are not in happy sate and need attention of all.

16. Apart from the specific directions so noted, the Corporation as well as the Improvement Trust will do well in taking note of the suggestions contained in the affidavits filed by Mr. Kshirsagar and Mr. Thergaonkar as well by Dr. Panickar. They are admittedly authorities in their own fields. These affidavits should provide guidelines with regard to road, sanitation and prevention of pollution in the city.

17. The matters with regard to the three hospitals established by the State in the City as are reflected in Report-A, make a very unhappy reading. Even the affidavits and submissions made by the authorities in charge of the hospitals do not affect the findings of fact recorded in report at Exh-A. We must, however, record our appreciation for candid positions taken by all the authorities putting before us frankly, the difficulties of the administration. We have from issues (h) to (o) in the Annexure covered some grounds with regard to these matters and during the course of the submissions, we were assured that the deficiencies pointed out by the Fact Finding Committees were being looked into and in fact were in the process of being remedied.

18. With regard to the matters of these three hospitals, the prime question is of over-crowding. In fact the record suggests that it has reached a dangerous level. The authorities in charge of the hospitals are not in a position to refuse admissions and the pressure is growing. Such a pressure if not abated or relieved adds to the danger of breaking the very system itself. Over-crowding and admitting patients beyond capacity and in disregard to standards is a perilous position. That endangers the life and care so essential in a hospital. We find generally this position prevails and even the Gyenic and Pediatric Wards, which concern themselves with lady patients as well as children, there is total inadequacy in this regard. As far as children are concerned, we issued as direction at (o) directing the State to do the needful by providing for an additional ward of 35 beds. So should be the position with regard to Gyenic Ward.

19. The over-view of the systems that run the hospitals makes us uneasy. We get an impression that the system of these hospitals with the present burden is evidently sick. It is clearly plagued by uncontrolled trespass not only of pedestrians, but also by vehicular traffic and is constantly pestered by problems of unmanageable and ever-growing inflow of the patients. Sufferance and tolerance of the authorities appear to be under constant strain because of the over-crowding, inadequate staffing, want of regulatory sanctions in favour planning and non-co-ordination by different State Agencies resulting in inter se tensions leading to inaction on their part. With the growth of the City of Nagpur on all sides, these problems have reached acute state. The hospitals are reeling under their own pressure. The strain on administration is obvious. The effectiveness of hospitals as a combative agent in social engineering is obviously suffering. We find on the admitted position that the authorities even are not in a position to keep to the accepted norms with regard to the indoor patients kept in the wards and even cannot maintain adequate distance between two beds of the indoor patients and sometimes are required even to dump materials in the operation the area. They are faced with difficulties of discipline and control as they are not banked by proper regulatory sanctions. There is a growing tendency, it appears, towards indiscipline amongst those who are required to keep the hospitals clean. Whatever may be the reasons and justifications apart, this state of affairs immediately exposes the whole system to a grave danger. Cleanliness which is so essential to the hospitals, becomes an easy casulty. It is obvious that there is want of appropriate man power and the cases of gross indiscipline are on increase. Though the systems are headed by people of integrity and conscience, it does appear there is lack of essential backing to them so as to maintain the integral parts of the system in its stead in these hospitals. The chaos is further confounded and worsened by the ignorance and lack of care consciousness amongst the citizens and worsened by the ignorance and lack of care consciousness amongst the citizens and particularly those who visit the hospitals. This state of affairs requires a careful study and also immediate solutions. We have come to the conclusion that evident case exists to provide for investigative and remedial measures.

20. We cannot but emphasise that the hospitals have their own role to play. Hospitals are the necessities of modern life and they have to respond to the needs of any growing city. Hardly any option can be speedy out or any excuse permissible so as to afford an alibi when the matters concern the health of the citizens. That involves the question of life and death. We expect, therefore, that all the authorities would bestow urgent attention on every facet of the problem of public health and effectively deal with all the aspects that have been made part of the record in these cases. If necessary, strict controlling measures should be employed so as to offer adequate medical attention to those who are admitted and treated in the hospitals. So also it may be thought of as to whether separate Medicare Corporation should not be established looking to the growing needs and over-crowding in the public hospitals. Similarly, it may be considered whether any centralized agency in this regard would assist so as to relieve the pressure on the system.

21. These are merely the matters of observations, but the things must be left to the authorities who plan and lay down the policies. We have thought it fit however to record that there exist several matters which are clearly referred to even in the submissions of the authorities before us and which are evidently noted by the Fact Finding Committee. That calls for consideration of the Investigative and Remedial Measures Suggestive Committee. Such a Committee is a machinery which we thought of and which was assented to by the parties before us. That Committee would have the powers of investigation on all the aspects which have been referred to by the fact-finding Committee. These investigative powers will touch upon the aspects generally concerning public health and maintenance standards in these three hospitals and further provide guidelines as well remedial measures in that regard. Report at Exh-A will form the basis for all this exercise. The Committee will take into account the submissions of the authorities and permit them to make additional submissions. This Committee would be headed by the Chairman so also would be assisted by four members. The Chairman of the Committee will be free to evolve his own procedure for investigation and finding remedies. He may appoint sub-committees out of the members on any given particular aspects. The Committee will have authority to inspect, make spot inspections, call for expert opinions and suggestions and gather such other information as may be necessary for that purpose. The Committee would in particular call upon the authorities of the State like Public Works Department in charge of maintenance of the buildings and roads of the hospitals and also sanitation therein and the police authorities concerning the traffic grievances in the precincts of the hospitals. The Civil Surgeon, Mayo General Hospital has agreed to be the coordinator for the work of the Committee. He would get in touch with the Chairman so as to expedite the work of the committee. He will provide a working room to the Committee and such other facilities that may be necessary for recording minutes and making a report including the assistance of a Stenographer. The Committee will be provided with transport for carrying out its purpose as was agreed to by the Civil Surgeon as well by the Dean, Government Medical College Hospital as and when called upon to do so. The Government Pleader has also assured us that all the assistance will be extended to the Committee problems. The Committee to complete its task of making the report within a period of 6 months. If no objections are raised to the remedial measures, the State is free to give effect to the remedies so suggested by the Committee. In case there are objections to the report, the same be put before the Court taking writ matters for necessary considerations.

22. In this regard we may mention that the authorities in charge of the hospitals have expressed their inability to command other agencies of the State so as to keep the hospitals in all adequate and standard clean shape. We were surprised by the apathy in this regard shown by the Public Works Department. Not only the staff is housed in poor accommodations which suffer from sanitation and cleanliness in the areas of the General Hospitals but it is also obvious that overall sanitation is not being maintained in spite of the demands in that regard by the clinical staff. Hardly this can be a satisfactory state of affairs in the matters of running the hospitals.

23. Upon the view we have taken, we constitute Investigative and Remedial Measures Suggestive Committee (I. R. M. S. C.) of the following members :

(1) Shri Jal. P. Gimi, Chairman.

(2) Shri P. N. Kareker, Lincons Inn, Bar-at- law Nagpur.

(3) Dr. Vikram Marwhs, M.S., F.R.C.S.(U.S.A.), Ex-Dean, Medical College, Nagpur.

(4) Dr. (Mrs) Mangala G. Mulik, M.D., D.G.O.

(5) Shri R. S. Agarawal, Advocate, Nagpur.

24. In the hope that all this would add to the upkeep and betterment of the city life, we have endeavored to find issues and back them by our judicial sanction. So also we ventured to allude to the principles that are operative in the field. As we indicated earlier, as the city is, so the nation will be. We must end this long winding but necessary exercise by observing that although men make cities, it should be evident that cities make the men. All those who assisted us in this task showed such consciousness and we record our appreciation for them.

25. Rule absolute in terms of the directions and appointment of the I.R.M.S. Committee. No costs.

(I) (II)

Issues taken for consideration with the consent of the parties. Direction given with regard to the issues raised with the consent of the parties.

(A) Thirty-six localities mentioned on page 27 (Gopalnagar to Jaripatka) mentioned in Schedule I to the Petition (W.P. No. 1916 of 1984) and the civil facilities asked for and said to be wanting in these localities such as roads, public lighting, water supply and drainage. (A) We direct the State Government to appoint a Committee and issue directions with regard to the matter of civic facilities to statutory bodies being the City Corporation, Nagpur Improvement Trust and Maharashtra State Electricity Board so as to provide for, as may be feasible, all these facilities in these localities. The stand taken by the NIT as mentioned in their affidavit may also to take into account while laying down the policies. This be done within five months. The Committee to be appointed within one month. We make it clear that drawing up of the scheme involves questions of policy which the State,

(B) Roads and streets lighting in areas Anjuman H.S. to Kadbi Chowk, Motibagh Road to Empress Mill Quarters, J.N. Tata Road, North-South Road dividing Gandhisagar, Baidyanath Chowk to Medical Collage Chowk road, Ajni Over-Bridge, roads going towards Reshimbag from Lokanchi Shala. (B) The Corporation of the City of Nagpur and the MSEB to do the adequate lighting in these areas particularly and generally in other areas as pointed out by the Fact Finding Committee. This be done within a period of five months. For this purpose, we were told that there exists a system of co-ordination meetings between the two bodies. The Corporation and the Board will be well advised to have e a special joint committee to implement this direction. On this committee they may appropriately co-opt the Police Commissioner, Nagpur City or his nominee not below the rank of Assistant Police Commissioner so as to have the adequate picture of the traffic problems in the context of street lighting. The first meeting of such a committee be convened within three weeks and the Mpl. Commissioner or his nominee not below the rank of Deputy Commissioner of Nagpur Corporation would be convenor for this purpose.

(C) Congestion in Santra Market and Fuley Market area. (C) Agricultural Produce Market Committee undertakes to shift its market and establishment to the New Market Yard located at Kalamna about 8 Kms away from Nagpur. For this purpose, Corporation will supply water as is stated in the affidavit. APWC has assured that if any funds are required to be paid for these facilities, according to law, the same will be duly paid. N.I.T. will surface the approach roads by tarring and the MSEB to do the lighting work as per the requirement upon due requisitions in that regard and plans as per Rules. Police Chowki to be provided at the market yard at Kalamna. All this be done as was assured to us by the end of March 1985. (Nagpur Improvement Trust pointed out that there was some dispute with regard to the payment of lease money by APMC and the plans submitted by APMC. Because of that dispute the plans were not sanctioned. We direct the State Government who is seized of the dispute to issue appropriate directions on both these aspects so that shifting of the market yard by the scheduled time is facilitated). We are assured by the Traffic Authority that once this is shifted the congestion in traffic in these areas will be relieved. The Corporation in consultation with the traffic authorities to find out whether the parking of trucks can be shifted to any other open areas. Similarly, the Corporation may consider as to whether its licensing policy for transport companies and offices should or should not undergo any change in view of the traffic congestion in this area all hazardous to public safety.

(D) Sewer lines and cleaning of unhealthy Nalas called Satyanala, Nag nala, Futala Nala, Maharajbag Nala and the Nala behind Science College and the sewage flown through Nag River. (D) As explained in the affidavit filed on behalf of the Corporation dated 17-10084, we direct that the cleaning of the Nalas mentioned in that affidavit be done with utmost priority. Nag Nala which originates from Ambazari flows up to Pardi side, the last incorporated locality being Pardi. It is an open Nala and is an open hazard to public health. We expect the Corporation, the N.I.T. and the State Government to draw up a scheme not only to canalise the entire Nala, but to cover it either at one stretch or in phases so as to protect the public health, as may be feasible. It is admitted position that this Nala flows through thickly populated areas and on its banks most of the weaker sections of the society have their habitation. The scheme be drawn up within a period of one year.

(E) Bhandewadi Sewage treatment plants. (E) The Corporation has explained in the affidavit dated 17-10-1984 that in addition to the present plants, two more plants are proposed under Sewerage and Drainage Scheme to be located at Chambharnala and Manewada. The work of these projects has already been entrusted to the State Agency. The affidavit does not disclose the period within which the execution of this work will be completed. We direct the Corporation as well as the State to see that the work so entrusted to the State Agency is completed expeditiously and within a period of 3 years. The Corporation has assured us that the Report IV made by Shri Wankhede and Mr. Kshirsagar will be taken due note of while implementing this scheme. The Corporation to look into the grievances that the water of this Bhandewadi area is being utilised for growing vegetables which are sold to the public. That has inherent hazard to public health, Corporation and NIT to take measures in prohibiting user of such water for growing vegetables in this area.

(F) Conditions of roads - their maintenance. (F) The Corporation has filed affidavit today that the work in this regard undertaken is in continuous process of completion. As far as Ring Road is concerned (Sr. No. 23 of Report No. II), the Corporation explained that it vests in the Nagpur Improvement Trust and it is their responsibility. For the N.I.T. a statement is made that Wardha Road to Hingna Road would be completed by the end of July 1985. the Corporation to take note of the findings made by the Fact Finding Committee and as early as possible to take up the authorities to take expeditious steps in constructing the Ring Road, which is likely to have beneficial effects on the growth and maintenance of the City of Nagpur.

(G) Consumer Bills with regard to energy by MSEB sent to the consumer citizens. (G) MSEB assures that the billing would be done every two months. MSEB further assured that they will take up immediate review with regard to the maintenance of meter reading cards for each consumer and if the cards are not there would make appropriate provision in that regard. In view of this, no necessity of any further direction.

(H) Maintenance of Roads, lights and drainage in General Hospital (Mayo), Daga Hospital and Medical College Hospital. (H) It is not in dispute that there exists integrated Medical Division under the Chief Engineer of the P.W.D at Nagpur. We direct the said Dept. to take up the matters with regard to maintenance of roads, drainage and sewer lines as well as upkeep of latrines, urinals etc. in the campuses of these hospitals inclusive of supply of furnishing, such as taps, seats, etc., to be completely within a period of 2 months. The respective Deans of Indira Medical College, Government Medical College Hospital and Superintendent, Daga Memorial Hospital to put in the requisitions within one week and the Department to comply with the same within the time stipulated above.

(I) Broken compound walls of the hospitals. (I) The compound of the three hospitals i.e. General Mayo Hospital, Medical College Hospital and Daga Hospital are to be repaired and kept in proper state by the PWD. That be done within 6 months. It is further directed that proper police deployment should be provided in all the three hospitals even by establishing police outposts so as to stop the nuisance of breakage of the compound wall as well as utilisation of the internal roads as thoroughfares and the nuisance of stray cattle. Police outpost for this purpose be established within six weeks.

(J) Maintenance and electrical fittings to the air conditioner. (J) The Electrical Division of the PWD to take steps to install as well as repair the air conditioners and other electrical fitments within 8 weeks.

(K) Supply of high-tension energy line to Daga Hospital. (K) MSEB has in its affidavit explained the position in this regard and we are assured that it will be completed within 4 months.

(L) Insanitary conditions in the Wards as well in the sanitation areas. (L) In view of the agreed submission by all the authorities, we direct the State Government to permit the Deans of the Colleges and the Superintendent of Daga Hospital to employ casual labour in Class IV as may be requisitioned looking to the contingencies in each case by the concerned Dean or the Superintendent. This direction is issued in view of the considerations of grave urgency of maintaining sanitation in the hospital areas faced by the authority.

(M) Creation of silence Zone. (M) The Commissioner of Police, Nagpur City to take steps to declare silence zone around Mayo General Hospital, Daga Hospital and Medical College Hospitals. The steps to be taken within 6 weeks.

(N) Nuisance beyond eastern compound wall of the Daga Hospital. (N) Corporation to look into and remove the cause of nuisance. For this purpose we are assured that adequate police assistance will be given to Corporation Authorities.

(O) Over-crowding in Paediatric Wards in Medical College Hospital. (O) After looking to the reports and after discussions with all the authorities before us, it appears expedient to direct the State to take steps for providing more additional space or an additional Ward of 35 beds for the time being so as to cater to the needs of children in Paediatric Ward along with the necessary staff.

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