'Shocked & Deeply Pained': Orissa High Court Summons Health Secretary Over Encroachment, Mismanagement At Paediatric Hospital
Jyoti Prakash Dutta
16 Dec 2024 12:15 PM IST
The Orissa High Court has expressed shock over the 'distressing condition' in which the Sardar Vallabhbhai Patel Post Graduate Institute of Paediatrics (Sishu Bhawan) is functioning and has asked the Secretary, Department of Health & Family Welfare of the State Government to personally appear to address the issue.
Upon being informed about the pathetic condition of the premiere Paediatric Hospital of the State by the Advocates' Committee, the Special Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh observed –
“This Court is shocked and deeply pained perusing the Advocates' Committee report. The photographs and video presentation is a testimony as to how a premier institute of the State which is meant for child health care is being mismanaged by the authority. The lackadaisical attitude of the authority cannot be countenanced. It is strange that both the sides of the roads of the gates of Sishu Bhawan are encroached.”
The Special Bench was hearing the civic issues of Cuttack, in the course of which the Advocates' Committee headed by Bijay Kumar Dash, President of the Orissa High Court Bar Association produced report wherein it was stated that the Committee visited Sishu Bhawan on 03.12.2024 to take stock of the allegation relating to encroachments.
The Committee found substantial encroachments on the back side of the Sishu Bhawan where a number of shops, including small hotels, tea stalls etc. were found operating. It also reported that waste generated by these hotels and tea stalls are discharged into Sishu Bhawan leading to unhygienic conditions.
Several photographs of such encroachments of the road and unhygienic atmosphere created by the street vendors were attached to the report. A video clipping of the encroachment of the road in front of Sishu Bhawan was played in the open Court.
After observing the conditions, the Committee suggested certain remedial measures, which were taken on record by the Court. It was further highlighted that though a new building for housing a multi-utility hospital has been completed almost two years ago, but it is currently not in use for want of fire safety certificate.
The Committee further drew attention of the Court to the condition of drains and the issue of stray dog inside the campus. It emphasized the necessity for widening as well as cleaning of drains and further requirement of a drive to remove the stray dogs from the premises of Sishu Bhawan.
The Committee also apprised the Court that although attendants' rest shed is provided in the campus, yet the space is 'woefully inadequate' as a result of which the attendants are often found using the ground for rest, facing misery and hardship.
“Right to Health is a facet of Right to Live as embodied under Article 21 of the Constitution. The distressing condition in which the premier institute is functioning as per the Advocates' Committee Report needs to be addressed on an emergent basis,” the Court observed.
To address the issue of encroachment by vendors, the Court asked the Cuttack Municipal Corporation (CMC) to file an affidavit stating therein as to whether any Town Vending Committee has been constituted by the appropriate government in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and if so, the document in that respect was asked to be annexed to the affidavit.
“In the said affidavit, it shall also be specifically stated as to whether each of the street vendors who are occupying the roads in front of Sishu Bhawan, both from the front side or back side (Lalbag police station side) are having certificates of vending or not, if any such certificate of vending has been cancelled and who are having no such certificate at all,” it ordered.
The Court also directed the Collector, Cuttack as well as the authority at the helm of affairs of the Sishu Bhawan to file separate affidavits addressing their stance on the remedial measures suggested by the Advocates' Committee.
“This Court expects that the authorities shall do well to take all necessary measures forthwith to ensure that there is no hindrance in free movements of the doctors, patients and their attendants and ambulance through the gates from the Lalbag Police Station side,” it added.
The matter has now been listed to December 19, 2024 on which date the Secretary, Health along with Collector, Cuttack, DCP, Cuttack and Commissioner of CMC are asked to remain present either through video conference/in person to assist the Court in addressing the issue.
Renovation & Restoration of Satyabrata Stadium
Apart from the issue of Sishu Bhawan, the Court also considered several other civic issues including the issue related to renovation and restoration of 'Satyabrata Stadium'. The Bench had earlier directed the Collector, Cuttack to have a meeting with all the stakeholders regarding restoration works.
The Collector informed the Court to have chaired a meeting which was attended by DCP, Cuttack, Commissioner, CMC and representatives from Archaeological Survey of India (ASI). Several remedial measures were proposed therein.
The CMC filed compliance report before the Court regarding arrangement of lighting facilities inside the stadium and also cleaning of garbage. The DCP assured the Court to keep illegal and anti-social activities inside and around the stadium in check. PK Parhi, Deputy Solicitor General, who was appearing for the ASI, assured that every support from the side of ASI shall be provided.
Case Title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors.
Case No: Suo Motu W.P.(C) PIL No. 2140 of 2020
Dates of Order: December 12, 2024
Counsel for the Petitioner: Er. N.K. Mohanty, Amicus Curiae
Counsel for the Respondents: Mr. P.K. Parhi, DSGI; Mr. Debasis Nayak-A, Addl. Govt. Advocate & Advocate for CMC; Mr. Partha Sarathi Nayak, Addl. Govt. Advocate; Mr. Bijay Kumar Dash, Advocate & President of Orissa High Court Bar Association
