ORDER 1. Despite repeated opportunities, no reply has been filed on behalf of respondents No.1 to 3 and 5. Respondent No.4, Municipal Corporation, Shimla has filed its reply. 2. In the petition at hand, petitioner, who is an advocate, has raised issue of great public importance. Petitioner has highlighted the plight of patients visiting at Indira Gandhi Medical College and Hospital, Shimla (hereinafter referred to as ''IGMC'') for their treatment. Precisely, petitioner has averred in the petition that since IGMC, Shimla is only multi-specialty hospital in the State of Himachal Pradesh, patients from the entire State visits IGMC for their treatment, but, since there is no adequate parking facility provided by the authorities in and around IGMC, they face lot of hardship. Petitioner has further stated that Hon''ble Chief Minister, in the month of April, 2017 laid down foundation stone for multistoreyed parking at IGMC, Shimla under ''AMRUT Mission'' but till date no steps, whatsoever, have been taken by the authorities concerned for starting construction at the proposed site. Petitioner has further averred in the petition that due to paucity/non-availability of parking place, patients or their attendants visiting IGMC, are compelled to park their vehicles either on the main road or on the streets leading to IGMC. Petitioner has further stated that a small ground has been maintained by Municipal Corporation, Shimla in down side of Nallah near IGMC, but that is not allowed to be used to park the vehicles, whereas at least 30 to 35 small vehicles can be easily parked in that ground. 3. By way of instant petition, petitioner has sought directions to the respondents to construct the proposed car parking at IGMC under ''AMRUT Mission'' without any delay. As has been noticed hereinabove, respondent-State has not bothered to file reply till date despite repeated opportunities. This Court would have definitely acceded to the request made by learned Additional Advocate General for more time to file reply, but taking note of callous and irresponsible attitude of authorities concerned towards serious/gigantic problem of parking at IGMC highlighted in the petition at hand, this Court is constrained to pass instant order. 4.
This Court would have definitely acceded to the request made by learned Additional Advocate General for more time to file reply, but taking note of callous and irresponsible attitude of authorities concerned towards serious/gigantic problem of parking at IGMC highlighted in the petition at hand, this Court is constrained to pass instant order. 4. Though perusal of reply filed by respondent No.4 i.e. Municipal Corporation suggests that there is proposal for construction of multi-storeyed parking complex having provision to park about 200 vehicles, adjoining to the IGMC Auditorium near rain shelter on circular road under AMRUT Mission Project, but the affidavit having been filed by Commissioner, Municipal Corporation is conspicuously silent about time frame, within which such parking would come in existence. Municipal Corporation in his affidavit has nowhere indicated steps, if any, ever taken by the authorities including Municipal Corporation to commence construction on the proposed site after laying of foundation stone. 5. Ironically, in last four decades none of the elected government has bothered to address the parking problem at IGMC, Shimla, which is the only multi-specialty government hospital available in the State of Himachal Pradesh. Undisputedly, IGMC has expanded manifolds in last four decades, many new concrete buildings have come up, but shockingly/surprisingly, authorities never considered/decided to have multi-storeyed parking in and around IGMC. Repeatedly endeavour has been made by the authorities responsible for management of IGMC to make this Court agree that there is no sufficient space in and around IGMC where multi-storeyed parking can be constructed. This Court in many other petitions repeatedly cautioned respondent-State with regard to manifold increase in traffic in Shimla town, where admittedly roads are congested and there is very little scope of expansion. Recently, this Court in CWPIL No. 19 of 2016 titled Court on its own motion v. State of Himachal Pradesh and others , taking note of affidavit having been filed by Deputy Commissioner, Shimla had directed the Chief Secretary to the Government of Himachal Pradesh to set up a Committee to look into parking and traffic problem in Shimla town, but it appears that none in the helm of affairs is actually bothered about problem of traffic/parking.
Recently, we have been informed in one of the petition pending before this Court that in an around Circular Road-Victory Tunnel-Chhota Shimla-IGMC, there is parking space made available by the authorities for housing 1500 vehicles, but Deputy Commissioner, Shimla in his affidavit dated 22.11.2016, filed in CWPIL No. 19 of 2016, as has been taken note above, has given mind boggling figure with regard to registration of vehicles in Shimla. As per information furnished by Deputy Commissioner, Shimla, Registering and Licensing Authorities, Shimla (Urban and Rural) with effect from 1.4.2010 to 31.10.2016 have registered approximately 14,000 vehicles i.e. 7254 in Urban area and 6949 in Rural area in the last one year. Taking note of limited space of parking available in Shimla town vis-a-vis vehicles registered with Registering and Licensing Authority, Shimla, this Court in CWP 2782 of 2017, titled: Prem Raj v. State of H.P. ordered that no vehicle shall be registered unless it is verified that owner of vehicle has sufficient place for parking, but this Court has no hesitation to observe that the order passed by this Court has been flouted with all impunity and despite there being specific directions, as referred above, authorities, responsible for issuing registration certificates, kept on registering the vehicles without verifying factum with regard to availability of parking. 6. At present, there is no dedicated parking to IGMC, Shimla and the people visiting IGMC are compelled to park their vehicles either on Circular Road or nearby streets causing congestion on the roads. Person, who brings the patient to IGMC for treatment, suffers a lot because there is no place to park the vehicle, he/she first drop the patient at IGMC gate and thereafter goes to park his vehicle that too on road, which is thereafter challaned or lifted by traffic police. Huge money is being spent for expansion of IGMC, but, unfortunately, no long term policy/steps are being taken to deal with parking problem, which, with the passage of time, has become a big problem and has taken ghastly shape. Either authorities, responsible for taking decision, have no vision or they purposely do not want to take any decision. Since, doctors and employees working in the IGMC have no dedicated place to park their vehicles, they park their vehicles either in the Hospital Premises or narrow lanes leading to various departments of Hospital, causing great hardship to patients as well as visitors.
Since, doctors and employees working in the IGMC have no dedicated place to park their vehicles, they park their vehicles either in the Hospital Premises or narrow lanes leading to various departments of Hospital, causing great hardship to patients as well as visitors. 7. In recent past, number of new buildings have come up just in front of gate of IGMC. Had the persons, responsible for taking decisions, bothered to explore the possibility of raising multi-storeyed parking buildings just opposite to IGMC gate, where number of structures within few years have come up, patients/visitors coming to IGMC would have some space to park their vehicles. Parking vehicles on the roads i.e. Sanjauli- IGMC Road is not a solution to the problem, rather some proper parking place is required to be provided in and around IGMC. We have been informed that ample parking space is being provided in the new building being constructed just adjacent to old building of IGMC. 8. On the last date of hearing, this Court, taking note of the fact that preparation are being made to lay roof on the new building, had requested learned Advocate General to have discussion with the Engineer-in-Chief, HPPWD to explore the possibility of providing additional parking on the top floor of the new building so that adequate parking is made available to the doctors, employees, patients and visitors at IGMC, but it appears that our such request/suggestion has fallen to the deaf ears. Situation is emergent and in case steps are not taken with utmost promptitude, institution will crumble and generations to come shall never forgive us for our inaction and faulty planning. 9. Right to best health facility is a fundamental right well recognized by Constitution of India. In the accomplishment of such right, State owes an obligation to provide best infrastructure, which also includes proper and safe passage/ parking in the Hospitals, but, unfortunately in last four decades, we have miserably failed to fulfill our duty as enshrined in the Constitution of India. State, being welfare State, is expected to provide all necessary facilities to its citizens, but, it appears that we, instead of taking concrete policy decision benefiting the people at large, have fallen prey to the brute politics, as a consequence of which general public is suffering. 10.
State, being welfare State, is expected to provide all necessary facilities to its citizens, but, it appears that we, instead of taking concrete policy decision benefiting the people at large, have fallen prey to the brute politics, as a consequence of which general public is suffering. 10. Having noticed indifferent, callous and uncaring approach of planners/authorities concerned, this Court has no hesitation to conclude that authorities, responsible for providing basic infrastructure to general public, either have no vision or they are least bothered, but we must remind such people that one day they may themselves be the casualty/victim of their such attitude. We are fully conscious and alive to the settled position that it is none of our domain to frame policy, rather it is Government of the day which has to take decision and frame policies, but having noticed blatant inaction on the part of the authorities inasmuch as providing adequate parking at IGMC, we cannot shut our eyes. 11. Before this Court passes some harsh order, we deem it proper to direct the Chief Secretary to the Government of Himachal Pradesh to file his personal affidavit within a period of two weeks stating therein proposed action/plan, if any, to be taken by the State of Himachal Pradesh for providing adequate car parking at IGMC, Shimla. Chief Secretary to the Government of Himachal Pradesh may also indicate complete details with regard to vehicles owned and parked by doctors and employees in and around IGMC and approximate inflow of patients/visitors to IGMC, Shimla. The Chief Secretary may also inform this Court that within what time parking proposed to be constructed near IGMC Shimla under AMRUT Mission shall be made functional. In case affidavit is not filed on or before next date of hearing, Chief Secretary to the Government of Himachal Pradesh shall personally remain present in person in the Court.