16-Yrs Delay In Completing AIIMS Jodhpur Trauma Centre: Rajasthan HC Pulls Up State, Expresses Inclination To Impose ₹50 Crore Cost

The Jodhpur bench of the Rajasthan High Court pulled up the State Government for persistent delays in completion of “critical infrastructure projects” at AIIMS Jodhpur including a trauma centre and expressed its inclination to impose a cost of Rs. 50 crore as well as initiate action for criminal negligence against erring officials.

The court however went on to grant one last opportunity to the state to file an affidavit in the matter, in the interest of Justice.

While hearing a plea concerning infrastructural issues at AIIMS Jodhpur division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order said:

“But even though this Court is of the firm opinion that the present case is that of criminal negligence and requiring imposition of a cost of Rs.50 crores upon the State, as indicated above, but in the interest of justice, before issuing any direction in this regard, one last opportunity is given to the learned AAG to file an affidavit before the next date, which will enable the Court to conclude its directions regarding the cost and actions for complete failure in public duty.”

It underscored that the 'Right to Health' is a facet of Right to Life and Liberty under Article 21 of Constitution of India. It said that Right to health is a basic human right that one gets by virtue of one's existence as a human being. It further said that India being a welfare state coupled with the Preamble to our Constitution read with the DPSPs, the State was under a duty to provide an effective mechanism for public welfare at large.

The court also took notice of the deficiency in adequate healthcare services in AIIMS, attributing it to "non-availability of sufficient infrastructure" and "apathetic attitude" of concerned governments in removing obstructions to enable effective operation of institution.

“extremely concerning to note that the people are being deprived of access to basic medical and diagnostic facilities and are made to wait in queues with a waiting period of over 1-2 months, which is violative of their fundamental right to live with dignity.”

It emphathized with the residents of the western region who are unable to secure basic and necessary medical facilities due to the persistent delays in the completion of critical infrastructure projects at AIIMS Jodhpur, particularly the construction of trauma centre. Noting that the project which covers an area of 54,358 square meters, the court said that the same has been "significantly impeded by the State Government's failure to remove high-tension electrical lines".

It thereafter framed six issues to address the matter:

1. Delay in construction of trauma centra due to State Government's inability to remove high-tension electrical lines for almost 16 years.
2. The issue of water contamination in AIIMS.
3. Possibility of transferring Central Arid Zone Research Institute (“CARI's”) land to AIIMs as a potential solution to its exiting spatial constraints by determining feasibility of relocating CAZRI to alternative site.
4. Exploration of a short-term parking solution.
5. Possibility of utilizing recently vacated and currently unoccupied HPCL campus to support AIIMS's infrastructure requirements.
6. Potential relocation of Transport Nagar from its current area for leveraging its infrastructure to support AIIMS's ongoing expansion of medical and health facilities.

After hearing the submissions of the State on these, the Court observed that it was in "extreme shock at the apathy" in delaying the shifting of high-tension lines for 16 years despite the requirement of the trauma centre that could have saved hundreds of lives each year.

The Court proposed to initiate action for professional/ public misconduct and criminal negligence against the erring officials and to impose a cost of Rs. 50 Crores on State of Rajasthan to be utilized for the purpose of enhancing and improving medical facilities for the common citizens visiting AIIMS. However, based on repeated requests by the AAG, one last opportunity was provided to explain the delay and defend the cost and inaction.

"Further, the learned Additional Advocate General shall obtain necessary instructions from the competent authority of the State of Rajasthan regarding the circumstances that have halted the trauma centre's construction for 16 years, directly impacting the potential life-saving capabilities for a large number of citizens, and ensure that the high-tension lines are removed in a time-bound manner to facilitate the completion and immediate operationalization of the trauma centre," it directed.

On the remaining issues too, the Court directed concerned departments and authorities to take the necessary actions, and ruled that it was necessary that all organs of Union of India and the State Government worked in tandem, taking into confidence the authorities of AIIMS, since such development of medical infrastructure was a joint responsibility of all organs of the State.

Accordingly, the matter was next listed for February 6, 2025.

Case Title: Chandra Shekhar v State of Rajasthan

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