Peoples Union Of Civil Liberties, Delhi State v. Union Of India
1991-11-12
RANGANATH MISRA, S.MOHAN
body1991
DigiLaw.ai
ORDER 1. Learned Attorney General appears pursuant to our direction and places a summary of the position depending upon the reports already submitted to the Court. It appears that though land has been allotted and on principle shifting of the existing hospital has been found to be indispensable, funds to the tune of Rs 45 crores will be necessary if a fullfledged hospital as envisaged in the scheme is to be established. 2. According to Mr Attorney General, the Delhi Administration is not in a position to foot the expenses and he says that after the Union of India found out that Rs 45 crores were necessary, the Central Government has communicated to the Delhi Administration that they have no responsibility in the matter of funding. 3. A hospital of this type for mental patients at the national capital cannot be considered to be unnecessary. A hospital known as NIM-HANS at Bangalore has been operating very efficiently. In fact, in the & preliminary stages of this scheme a representative of NIMHANS had been associated. Some time back we also directed that in regard to the mental hospital at Kanke, a representative of the NIMHANS should be on the Board constituted by this Court. The reports from the said committee in Bihar clearly indicate that association of the Director from c NIMHANS has given a new attitude in the approach of the committee in the matter of rehabilitation of the Kanke hospital. 4. We are of the view that once land has been earmarked and on principle a decision has been taken that the hospital should be shifted . and part of it should be converted into a teaching institution while the other part should be a hospital, funding should not stand in the way of locating such a hospital at the national capital. While it may be difficult to find the funds in one year, we are of the view that if this work is taken up as a continuing project spread over a period, the hospital contemplated can certainly be brought into existence. The Delhi Administration on its own can contribute at the rate of Rs 4 crores per year for five years and similarly the Central Government in the Ministry of Health and even the Planning Commission in its annual provision can take up this project for being funded partially. 5.
The Delhi Administration on its own can contribute at the rate of Rs 4 crores per year for five years and similarly the Central Government in the Ministry of Health and even the Planning Commission in its annual provision can take up this project for being funded partially. 5. We are of the view that such a hospital should be located without loss of time. Keeping that in view and while impressing upon the Central Government and the Delhi Administration that the location is a must and requiring the Delhi Administration and the Central Government to /* contribute either in equal proportion or in such proportion as the Ministry of Health may find possible in five years, the funds may be provided. Spread over of the scheme in five years may escalate the cost. For that also, provision should be made. 6. A direction is now issued to the Central Government in the Ministry of Health and the Delhi Administration to the effect that appropriate steps may be taken commencing from April 1992 to provide the requisite funds in the manner indicated above and undertake the development of the hospital as a project in accordance with the scheme and complete the same by 1997. This should be the responsibility of the Ministry of Health to monitor. We hope and trust that the Planning Commission would extend its coordinating hand with a view to completing the scheme within time. Appropriate budgetary provision may be made from the coming year in consultation with all concerned governmental agencies. 7. This disposes of all the writ petitions accordingly. 8. Liberty to apply. For Citation : 1992 Supp (2) SCC 647.