Covid-19 Centre/Hospital Can Be Set Up Within Residential Colonies: Allahabad HC [Read Order]

The clarification has been rendered by a Division Bench comprised of Justices Pankaj Mithal and Dr. Yogendra Kumar Srivastava in a PIL seeking a direction upon the State Government to shift the COVID-19 Centre/ Hospital situated in the vicinity of a residential colony in Prayagraj, to some other place.

"In terms of the various guidelines issued by the Government, COVID Care facilities have been permitted to be set up within residential colonies also to cater to pre-symptomatic, asymptomatic and mild cases with a view to reduce the burden on the existing health care facilities," the Bench observed.

The Court said that merely because such a facility is situated in a residential area is not a "justifiable ground" for shifting, especially amid the present scenario of steep rise in the number of positive cases.

"In this era of pandemic, it is with great difficulties that such hospitals for special treatment of COVID-19 have been established by the administration and it may not be possible to shift it without effecting the mandatory health care and life saving services," the Bench remarked.

It however clarified that a Division Bench comprising Justices Siddhartha Varma and Ajit Kumar is already monitoring the matters relating to COVID-19 pandemic by way of a suo moto PIL and thus,

"in case petitioners have any grievance with regard to functioning of the aforesaid Covid Care Centre/Hospital, it would be open to them to move an appropriate application in the aforementioned public interest litigation."

Case Details:

Case Title: Chandra Prakash Mishra & Anr. v. State of UP & Ors.

Case No.: PIL No. 867/2020

Quorum: Justice Pankaj Mithal and Justice Dr. Yogendra Kumar Srivastava

Appearance: Advocates Sushil Kumar Mishra and BD Pandey (for Petitioner); CSC Pawan Kumar Singh (for State)

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