Gujarat High Court
Ilaben vs State on 29 December, 2011
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
Gujarat High Court Case Information System
Print
WPPIL/122/2011 34/ 34 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 122 of 2011
For
Approval and Signature:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
ILABEN
PATHAK & 1 - PETITIONER
Versus
STATE
OF GUJARAT & 13 - RESPONDENT
=========================================================
Appearance
:
MS
AMEE YAJNIK for
PETITIONER : 1 - 2.
MR KAMAL TRIVEDI, ADVOCATE GENERAL with MR PK
JANI, GOVERNMENT PLEADER with MS SANGEETA VISHEN, AGP for RESPONDENT
: 1-4,7 - 12, 14,
NOTICE SERVED for RESPONDENT : 2 - 5,7 - 14.
HL
PATEL ADVOCATES for RESPONDENT : 3,
MR SN SHELAT, SR.ADVOCATE with
MS VD NANAVATI for RESPONDENT : 5,
MR HS MUNSHAW for RESPONDENT :
6,
- for RESPONDENT : 0.0.0
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE
MR.BHASKAR
BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 29/12/2011
CAV
ORDER
(Per : HONOURABLE MR.JUSTICE J.B.PARDIWALA) The present petition in the nature of a Public Interest Litigation portrays how the Ahmedabad Municipal Corporation, a local authority within the meaning of Article 12 of the Constitution of India acts in the matter of maintenance of public health, hygiene and sanitation.
The city of Ahmedabad has an important place in the history of the State of Gujarat. As on today, the population of the city of Ahmedabad inclusive of some areas on the outskirts may be around more than 70 lacs. Over a period of time, people from all parts of the country have settled in this city of Ahmedabad for the purpose of employment or business.
Record reveals that the Ahmedabad Municipal Corporation has got sufficiently large area of 190.84 sq.meters under its jurisdiction and far-flung areas in all four directions beyond the Corporation limits. Such rapid and enormous growth of the city and the areas on its periphery are fraught with many problems, but the serious and alarming problems are pertaining to public health, hygiene and sanitation. The civic bodies including the Corporation are found hopelessly lacking in solving these problems due to various reasons, as a result of which, their weaknesses, lethargy, negligence and shortcomings got completely exposed during the monsoon of this year and the aftermath of the monsoon. Despite the fact that this High Court, in a suo motu proceeding initiated way back in the year 2006, had issued various directions to the Corporation in this regard, the authorities have paid no heed to the same, which led to a chaotic unhygienic condition leading to various diseases like dengue, malaria, jaundice, hepatitis-B, etc. People have died like flies in past seven months. Young children of the age group of one to fifteen have been the maximum victims of these diseases including adults and aged people and majority of them, unfortunately, hailing from very poor and lower strata of the society because the respondents feel that the Constitution of India which provides right to life enshrined in Article 21 would not apply to such people hailing from lower strata of the society and, therefore, they can be ignored and their death can also be ignored. We are constrained to make these observations because the situation went from bad to worst in this particular year.
The present petition has been preferred with manifold prayers and reliefs. They are as under :-
"(A) To admit this petition;
(B) To issue a writ of certiorari/mandamus or any other appropriate writ/direction and order directing the respondents to restart the medical services forthwith and place on record a detailed report regarding the current situation and steps taken to control the situation;
(C) To direct the respondents to make immediate arrangement for the patients and move them to other hospitals for necessary treatment at the cost of the Government;
(D) To set-up an inquiry against the delinquent Officers and concerned authorities to investigate as to why inspite of allocating and spending huge amounts every year by the Health Department the situation has become so bad;
(E) To issue directions to the respondents to immediately suspend all erring officers for dereliction of duty and willfully disobeying the directions passed by this Hon'ble Court in 2006;
(F) To direct the concerned Authorities to furnish the names of the erring officers for flouting the directives of this Court so that the officers be directed to pay compensation to the families of the victims who have lost their lives to dengue in the Civil Hospital;
(G) To direct the Civil Hospital authorities to forthwith supply exact details and information regarding the deaths of students, doctors, nurses, nursing staff and patients that died of Dengue in the past few months and those taking medical treatment at present for such diseases;
(H) To direct the State Government or the Hon'ble Health Minister to make alternative arrangements for the patients coming to the Civil Hospital for treatment so that they may not have to be there in extremely unhygienic condition by sending them to other hospitals or private hospitals at the State's expense till the Civil Hospital is completely free of filth and after all possible quarantine measures are taken and report of the same is placed before this Court;
(I) To direct the AMC to place on record details and information regarding deaths due to malaria, dengue in the city and outskirts of the city with details of age group of the victims and also supply details of cases registered for malaria and dengue both in government and private hospitals of the State;
(J) To direct the AMC to place the photographs showing the cleaning operations undertaken at the Civil Hospital;
(K) To direct the AMC to place on record the details of the cell that was directed by the High Court to be set-up for regularly scavenging the streets, removal and disposal of garbage and solid waste and other obnoxious and polluted matters;
(L) To direct the AMC to place on record the number of cattle sheds existing in each ward of the city and what steps are being taken by the AMC to control the cattle menace and stop the cattle from leaving dung on the roads and littering the roads with dung, that creates diseases;
(M) To direct the Police Department to place on record the number of cases registered by them pursuant to the directives of this Hon'ble Court in the last five years;
(N) To direct all the respondents to place on record summary of their periodic inspections carried out by them and steps taken by them pursuant to the directions passed in 2006 and any progressive steps taken for complete eradication of the filth and garbage that is seen all over the city;
(O) To direct the State Government to supply a list of the total number of government hospitals in the State city-wise and total number of private hospitals and the concerned authorized persons of all these hospitals be directed to place on record the steps taken by them for maintaining the hygiene conditions in the hospital, of the patients, mode of disposal of their bio-medical waste and directions or penal actions taken against erring persons in the last five years for flouting the directions of the Hon'ble Court;
(P) To form a Committee of independent experts of different fields to suggest effective measures to implement cleanliness in the city, disposal of waste, cattle menace and garbage removal;
(Q) To direct the AMC to relocate the garbage bins planted on the roads as these bins occupy the footpaths and leave no place for senior citizens to walk;
(R) To direct the AMC to place on record details on how the daily garbage disposal is done by them, the number of incinerators they have, the details of sewage plants, their maintenance and steps taken by them for supplying safe and clean drinking water to each of the 64 wards of the Ahmedabad city and also supply details as to what are the drainage facilities available in all the wards;
(S) To direct the AUDA to place a report regarding steps taken pursuant to the directives past in 2006 by this Hon'ble Court;
(T) To direct the GPCB to place on record of this matter inspections carried out in the hospitals during the last five years and action, if any, taken by them against erring hospitals;
(U) To grant such other and further reliefs as may be deemed fit in the interest of justice."
Thumping material has been placed on record in the form of photographs as well as newspaper reports to show heaps of garbage littered in the campus of the Civil Hospital as well as roads of the city. The photographs of the Civil Hospital campus has really taken us aback and we are very sorry to state that a person who is sick goes to a civil hospital to get cured and not to die on account of a bite of a mosquito. The photographs of the Civil Hospital campus show that the whole place is full of garbage, big potholes, repair works and water-logging. On one side of the emergency and trauma centre of the Civil Hospital, there is watter-logging full of bacteria and mosquitoes while on the other side, the place is full of dung, human excreta, muddy slush, waste of all kinds, garbage and several stray cattle eating the garbage and noxious vegetation. Exactly, within two feet of this most unhygienic site were patients sitting for their turn to be treated by the doctors. The whole campus is full of indescribable filth. The sewage pipes show horrible leakage and there is over flowing filth from all kinds of openings in the buildings. The water-logging is full of all kinds of bacteria, mosquitoes and insects, and one could see these insects crawling all over the place. All that the campus shows is filth and poor drainage.
From 22nd September 2011, the doctors doing their internship went on strike as they were unable to work in the highly unhygienic, unbearable and unhealthy condition of the hospital. The doctors went on strike making it public that they have been making complaints regarding these conditions to the concerned authorities including the Minister for Health, State of Gujarat but, they received no response from the authorities concerned nor any action was initiated to provide proper working conditions to the doctors or make the hospital premises aseptic and infection free.
Seventy-six medical students were admitted in the hospital and almost ten out of them were diagnosed with dengue. We are at pains to observe that two upcoming aspiring young doctors lost their lives to dengue and that triggered of the intensity of the agitation of the doctors, who were also joined by the emergency doctors and nursing staff.
The streets and roads of the city of Ahmedabad are full of garbage and stray cattle eating out of these garbage heaps, thus spreading all kinds of filth all around and also blocking the traffic. Photographs of the garbage bins would go to show that the authorities have not cared to clear and clean the same past couple of days. Record depicts a sorry sight of our so-called Mega City where on these garbage littered roads and side streets, people can hardly drive vehicles or walk. The garbage bins are kept on footpaths and often spill over and occupy more than half the road thus leaving no room for proper navigation of traffic. These garbage heaps are breeding grounds of all kinds of bacteria, viruses, microorganisms and insects.
During the course of hearing of this petition, we requested learned Advocate General Mr.Kamal B.Trivedi, Mr.S.N.Shelat, learned senior advocate and Ms.Amee Yajnik, learned counsel appearing for the petitioner in the present petition to obtain information from the concerned authorities of the State Government as well as the Corporation as regards the number of persons affected with malaria, dengue, etc. in the month of November and who have been treated in various hospitals and private nursing homes in the city of Ahmedabad and surrounding areas within a radius of five kilometers. A report was filed by the Committee, which reveals thus :
A.MALARIA :
In Ahmedabad city and surrounding areas of 5 kms. survey was made to find out the status of malaria cases being treated as on 16.11.2011. The findings are tabulated below:
Zone No. of Hospitals surveyed P.vivax P.falciparum City Resident Non-Resident Total City Resident Non-Resident Total South 74 4 2 6 5 2 7 Central 48 0 0 0 2 0 2 North 83 5 0 5 1 3 4 West 122 9 3 12 17 7 24 East 85 9 2 11 7 1 8 New West 101 5 0 5 20 0 20 CHA, LGH, SCL, VSGH, Sola - Civil 5 6 0 6 12 0 12 Ahmed-abad surroun-ding (5km) area 25 0 0 0 0 2 2 Total 543 38 7 45 64 15 79 Percent-age 84% 16% 81% 19% * CHA -
Civil Hospital, Ahmedabad; LGH - LG Hospital; SCL - Shardaben Hospital; VSGH - VS General Hospital .
The survey of 543 hospitals (all Government, AMC and also private hospitals in Ahmedabad and around in radius of 5 kms) revealed 124 malaria confirmed cases who were admitted in hospitals as on 16/11/2011.
.
Out of these 124 cases, 45 (36%) were P vivax and 79 (64%) were of P falciparum. However, further investigating each case among these showed that 22 malaria cases (i.e. 7 + 15), 18% were not from city limit but were residents of outside or have travel history during the incubation period of the disease.
B. DENGUE:
The above hospitals were also surveyed for confirmed dengue cases admitted as on 16.11.2011. The details of the dengue cases are as under :
Zone No. of Hospitals surveyed Dengue City Resident Non-Resident/History of travel within Incubation period Total South 74 18 7 25 Central 48 1 0 1 North 83 2 0 2 West 122 14 8 22 East 85 15 4 19 New West 101 9 2 11 CHA, LGH, SCL, VSGH, Sola - Civil* 5 8 2 10 Ahmedabad surrounding (5km) area 25 0 0 0 Total 543 67 23 90 Percent-age 74% 26% * CHA -
Civil Hospital, Ahmedabad; LGH - LG Hospital; SCL - Shardaben Hospital; VSGH - VS General Hospital Among 90 dengue cases being treated as on 16.11.2011, individual case investigation showed 26% of these being from outside city limit area or have travel history during the incubation period of the disease.
We do not want to comment anything at present so far as the report dated 22nd November 2011 referred to above is concerned because, we have our doubts as regards the true figures which have been shown in the report. However, we would also like to place on record the details which have been provided by the petitioners in the petition, which is as under :-
Details of persons affected by Dengue, Malaria and Falciparum Date News Paper Details of persons who died and who were admitted due to Dengue and Malaria Place Page of Petition 22.9.2011 The Indian Express Around 25 students from medical and para-medical streams admitted in Civil Hospital and are affected by Malaria, Falciparum, Dengue Civil Hospital 13 23.9.2011 The Times of India 2 Died
1) Priyank Patel 1st Yr.M.B.B.S. student
2) Snehal Parmar 4th Yr. Nursing student Civil Hospital 10 23.9.2011 The Times of India More than 1000 Malaria cases registered in the city of Ahmedabad with 15 deaths due to Malaria Ahmedabad city 10 23.9.2011 Gujarat Samachar Reported deaths of 139 citizens due to Lepto-virus in South Gujarat South Gujarat 14 23.9.2011 Sandesh 1 Died Hasina Banu Mohammad Sharif died due to Falciparum in V.S.Hospital V.S.Hospital 16 24.9.2011 DNA 20 students admitted, 10 Diagnosed with Dengue 3 cases stated to be serious in Civil Hospital Civil Hospital 14 24.9.2011 Times of India Cases of Dengue(+ve) increased from 27 to 37 in Civil Hospital Civil Hospital 48 7.10.2011 As per affidavit of Ishwarbhai K.Patel, Dy.M.C., (Health and Solid Waste Mgmt), AMC
-
During September month only 95 cases of dengue with 3 deaths
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During 9 months, 246 cases of dengue reported of which 6 were fatal
-
From January to September, 11, 62 deaths due to Malaria (P.vivax) deaths, 46 deaths due to fatal cerebral malaria and 2 suspected Falciparum deaths Ahmedabad city 198 Also see pages 300 to 308 The most disturbing feature of this litigation is that the same situation had cropped-up in the year 2006 as the record reveals. In 2006 also, the city was caught with Dengue, Falciparum & Malaria and many persons including small children fell prey to these diseases. Having regard to the seriousness of the situation, the High Court of Gujarat initiated suo motu proceeding in this regard and constituted number of committees inclusive of Judicial Officers to make a survey of various parts of the city of Ahmedabad and the areas on the outskirts. The different committees which were constituted made minutest of the survey and reported to the High Court that there was water-logging in open plots, on roads, undisposed garbage littered everywhere completely soaked in the monsoon water, emanating foul smell. The committees also informed that the condition at schools was very pitiable. In many schools, the overhead tanks were found to contain all sorts of rubbish and it looked that as if these overhead tanks were never cleaned before.
In this background, the Division Bench of this High Court came down very heavily on the authorities of the Corporation and other local bodies and thought fit to issue exhaustive directions. We would like to reproduce the directions so as to remind the authorities that they are duty bound to comply with these directions which, unfortunately, they have ignored with impunity and with no sense of remorse or penitence for the same:
"I. Directions to the hospitals run by the management administered by the Government, semi-Government or local civic bodies, having 30 or more beds :
i. Regular scavenging of the entire complex and collection of garbage to be done and the entire complex including the compound to be maintained clean and garbage free.
ii. Installation of litter boxes/containers at different points in adequate number.
iii. Prompt and efficient drainage to be maintained to prevent accumulation of water during monsoon and to discharge domestic effluent.
iv. To prohibit smoking and chewing tobacco/pan, Gutka, etc. in the hospital premises and to display the warning at conspicuous places in the hospital and the violation of it should be visited with fine.
v. To construct and instal incinerators in all such hospitals and nursing homes or to have equally effective alternative arrangement.
vi. Government to issue notification covering all such hospitals/nursing homes other than the Government, Semi-Government hospitals and hospitals run by the civic bodies like Municipal Corporations and Municipalities to make their own arrangement to construct and instal incinerator or to have equally efficient arrangement for the disposal of the garbage and the hospital waste. Such notification to be issued and adequate publicity be given to it as expeditiously as possible and in any case not later than 30th April, 2006.
vii. Upon the Government issuing such notification, the AMC should give notices to all such hospitals as mentioned in clause vi.
viii. Gujarat Pollution Control Board [GPCB] to make regular inspection of the hospitals of both the categories once in three months and to place the inspection report on the record of this petition.
ix. In case the private hospitals are permitted to use facilities, namely, collection, transportation and disposal of garbage and hospital waste provided by the Government/civic body hospitals, the management of the private hospitals to be asked to pay suitable charges for the service rendered in accordance with law.
II.
So far the civic bodies are concerned, we issue the following directions :-
i. We direct that they shall construct proper drainage net-work and to regularly carry out its cleansing and de-silting operation, especially immediately prior to commencement of the monsoon season to avoid its choking and the resultant accumulation of water.
ii. To provide public latrines, urinals and similar conveniences with modern facility and to maintain them clean and in proper conditions.
iii. To evolve a proper cell for regularly scavenging the streets, removal and disposal of garbage and solid waste and other obnoxious and polluted matters.
iv. To erect adequate number of garbage collection centres and to have adequate number of pick up vans with adequate number of garbage collectors.
v. To see that the solid waste and garbage are not thrown or littered outside the collection centres.
vi. Area-wise collection centres to be created.
vii. AMC to introduce phase-wise distribution of garbage bags per family for disposal of the domestic garbage. Such bags to be emptied either at the collection centres or directly in the pick up vans and to be returned for re-use.
viii. To construct pavement on both the sides of the roads which can prevent water logging, dust and to avoid throwing of solid waste by the public.
ix. They should ensure that the provisions relating to the sanitation and public health are properly complied with by the officials and the various duties are discharged efficiently.
x. The civic authorities to designate Competent Officers not lower than of the rank of Sanitary Superintendent or equivalent post to levy and recover charges and from any person littering or violating the provisions of the Acts, bye-laws and regulations relating to sanitation and public health. For this purpose the authorities concerned should prepare and publish for the information of the public at large the scale of such charges, costs as may be levied and recovered in respect of the diverged acts of commission/omission. Such Officers may be conferred with the authority to collect the fine on the spot.
xi. Local authorities including the Railway to take appropriate steps for preventing encroachment or unauthorized occupation on public land for the purpose of dwelling resulting in creation of slum. The local authorities also should take appropriate steps to improve the sanitation in the existing slums till they are removed and the land is re-claimed.
xii. Local authorities to take pre-monsoon, mid-monsoon and post monsoon measures regularly every year to ensure that health and sanitation are adequately maintained in the city during monsoon and post monsoon months.
A. Pre-monsoon measures to be undertaken from February -
a. Steps to be taken for cleaning underground drainage line and storm water drains to be de-silted, repairs of leaking pipelines to be undertaken. All garbage to be removed with a view to avoid accumulation of wet solid waste during monsoon.
b. Sprinkling/spraying effective insecticides to prevent mosquito breeding.
c. To give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding and to avoid accumulation of water on private properties.
B. Mid-monsoon measures :-
a. Monsoon normally starts in the 3rd week of June. All adequate steps to tackle the situation due to the heavy rains to be taken. Water from water logged areas to be removed as soon as possible, especially the water logging in low lying areas.
b. Sprinkling/spraying effective insecticides to prevent mosquito breeding.
c. To give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding in the accumulation of water on private properties.
C. Post monsoon measures :-
a. To remove all the muds and slush and garbage. The catch-pits to be cleaned regularly to control mosquito breeding in water logged areas.
b. To establish effective public grievance redressal mechanism at the ward level, zonal level and city level.
c. To take steps to prosecute persons responsible for causing nuisance endangering public health and also to resort to other remedies as provided under the Acts for the abatement of the nuisance.
xiii. Over and aforesaid directions prescribed for the civic bodies, the municipalities and the Panchayats forming part of AUDA and the concerned municipalities should see that the stretch of open land as also the service roads on both the sides of SG Highway is kept clean and garbage free.
xiv. The municipalities and the panchayats to see that the drain and disposal of the domestic effluent and the night waste are properly done. They should also appoint agencies to create the cesspools at subsidized rates till such time the alternative arrangement to the cesspool is made.
III.
Directions to the Railway Department :-
i. It is directed to see that the area under its jurisdiction is not converted into dumping solid waste and garbage. It should take adequate measures to prevent such creation of nuisance by the public.
ii. To regularly scavenge the area under it falling in the City and the AUDA limits and to keep it clean and free from garbage.
IV.
Directions for the Police Department :-
i. To dispose of unclaimed seized vehicles lying in the police station or police station compounds unless they are needed for the purpose of any trial in the Court and where there is no possibility of any owner coming forward to claim the possession.
ii. To prosecute under the provisions of the Penal Code the persons causing nuisance and doing any such activity which pollutes the sanitation or causes hazard to the public health.
V. Directions to AUDA :-
i. AUDA to monitor the cleansing operations in the areas under it.
ii. To re-section Gota - Godhavi canal.
iii. To see that during monsoon the Kharikat canal does not overflow.
iv. To give notices to the restaurants and the party plot owners if they are found to throw their solid waste on the open land on the sides of the SG Highway.
VI. Directions to the Education Department :-
To carry out regular inspection of the premises of the schools keeping in view the aspects of sanitation and the health of the students. In case of any non-compliance with the sanitary provisions by the school management, adequate steps including even the criminal prosecution to be taken against them and no leniency to be shown in such matters.
VII. Directions to the Government :-
i. To provide all required assistance including finance to the civic bodies to carry out the aforesaid directions.
ii. To provide zone-wise dumping sites for the disposal of garbage and solid waste.
iii. To provide medical assistance in the event of outbreak of monsoon diseases and to render all assistance to the civic bodies to curb the menace of such diseases.
iv. As stated above, the Officer of Bopal Gram Panchayat brought to our notice the difficulties faced by the residents of that area for want of drainage facility and even proper alternative arrangement for disposal of the domestic effluent, the night soil and during monsoon, the rain water. The cesspools within short time reached the absorbing capacity and they start overflowing. This has happened on account of indiscriminate grant of NA Permissions and the resultant construction activity without there being proper sanitation facility, road facility and transport facility, etc. It was also brought to our notice that because of the judgment of this Court rendered in Special Civil Application No. 5735 of 2004 the authorities are unable to refuse NA Permission. We have perused the said judgment. In the said case all these factors were never brought to the notice of the learned Single Judge who gave the said judgment. It is solely confined to the facts of the said case. However, considering the peculiar situation that is being created in Bopal, especially in monsoon, certain directions are required to be given. We have already highlighted the facts that have come to our notice from time to time in the present proceedings since they are alarming and require consideration at the Government side. The Government has to be alarmed to the dismay state of facilities for sanitation as reflected from the stand taken by the District Development Officer, District Panchayat, Ahmedabad, the Bopal Gram Panchayat and the AUDA."
The Division Bench thereafter proceeded further to observe in paragraph 8 of the judgment as under :-
"8.
We earnestly hope that whatever the directions that have been given are properly complied with regularly and with all sincerity. The issue involved in this litigation is very sensitive and concerning the health and life of the citizens. It is a matter of utmost dismay and regard that with every monsoon there are number of casualties on account of drainage diseases like Falciparum, Dengue, Hepatitis-B, etc. Unless and until the public awareness is created and proper civic sense is inculcated, such problems are bound to remain. But at this juncture, the role of the civic bodies becomes very important and they should strive to see that even that even during monsoon and thereafter the cleanliness is properly maintained and the measures with regard to sanitation, hygiene and public health are properly taken so that innocent citizens and especially the children do not be the victim of such dreaded diseases and lose their lives. The authorities also should educate the people well in time even by door-to-door campaign during pre-monsoon period and also during the monsoon to prevent any indifferent attitude of the people towards maintenance of cleanliness and unnecessary water accumulation on private properties, which could provide ideal breeding places for the mosquitoes generating diseases like Dengue, Malaria, Falciparum, etc. They should also give adequate publicity on every means of media. The public authorities have to carry out all these duties which have been prescribed in the Act, the Rules and the Bye-laws with all earnestness and sincerity and in right spirit. They cannot avoid discharge of such duties on the pretext that there are no adequate means available with them, the problem is of enormous magnitude and with limited sources it is not possible to tackle the problem, that there are financial constraints, etc."
Lastly and very importantly, the Division Bench in paragraph 9 of the judgment said in so many words that if it is brought to the notice of the High Court that there has been violation of the aforesaid provisions and directions at the end of the concerned persons, then the said persons will make himself or herself liable to be proceeded against under the provisions of the Contempt of Courts Act.
Had the Corporation strictly adhered to these directions and would have performed their statutory duties which, even otherwise, they are obliged to perform, then the present situation would not have cropped-up once again and lives of many innocent persons would have been saved. It is nothing but sheer lethargy, negligence and dereliction of duty at the end of the authorities that has led to such a chaotic situation in the city. The most sad part of the story is that till the end they were not able to take things in control and it is only the nature with the change in the climate brought some relief for the people of this city, more particularly, the lower strata of the society residing otherwise in conditions which are not habitable.
We, once again, remind the authorities that was being observed by the Division Bench way back in the year 2006, by quoting the same as under :-
"...though the civic authorities have been entrusted with certain important duties and they are adequately equipped with the power and the means for the efficient discharge of these duties, they have miserably failed, mainly on account of lethargy and lack of zeal on the part of the work-force. It also reveals that for one reason or the other, persons at the helm of administration of these civic authorities have totally ignored such attitude of the subordinates. When the duty coupled with power, it is required to be performed, it has to be performed in a manner in which it has been prescribed to be done. Any indifference on the part of either the authorities or the work-force concerned has to be looked upon very seriously. The civic authorities cannot shirk their responsibilities of taking proper task from the work-force entertaining apprehension that any insistence upon the performance of duty by them would antagonize the workers and prompt them to revolt against the superiors. If a worker is not scavenging properly it is not his fault alone, but it is equally the fault of his superior, who has to take duty from him. The aforesaid picture would show that the entire set-up of the local authorities has been responsible for the non-performance of various duties prescribed under the statute. This is un-understandable and impermissible. Every member of the set-up of the civic bodies owes accountability to the citizens and any act or omission which may jeopardize the public health and public hygiene will constitute misconduct and such member will expose himself or herself to initiation of disciplinary proceedings against him or her."
On 18th October 2011, this Court passed the following order:-
"We have heard learned Counsel Mr. P.G. Desai appearing for the Municipal Corporation and learned Advocate General representing the State.
2. An attempt is made to indicate that vast steps have been taken to clean the environment in the Civil Hospital.
3. We find that the photographs produced by the Corporation does not support its version that steps are taken to clean the uncleaned areas. Photographs depict heaps of garbage where fumigation is claimed to have been done, instead of lifting the garbage and cleaning the premises before fumigation.
4. The attempt made by the authorities does not meet with our earlier queries as to why directions given by this Court in the year 2006 vide judgment and order passed in a suo-motu petition (SCA No. 14128 of 2005), reported in 2006 GLH 148 have not been complied with and what steps have been taken against personnel who are responsible for not following the directions, and whether any steps are taken against such erring personnel.
5. We would therefore, expect both the State as well as the Municipal Corporation to come out with details on following aspects and state why directions as given in the aforesaid judgment and order dated 15.2.2006 in SCA No. 14128 of 2005 have not been followed......"
"6. Both the State and the Municipal Corporation will indicate to us as to what action is taken against the Officers responsible for non-compliance of the directions of this Court and the details of those officers who can be held responsible for contempt of this Court.
7. Both the State Government and the Corporation will come out with an action plan with details of the steps being taken for cleanliness on the Civil Hospital campus and other areas of the Municipal Corporation, for compliance of the above directions.
8. Corporation as well as the State will also furnish to this Court the details of the Agency to whom cleanliness contract was given in last 3 years, the amount of charges paid to them and action, if any, taken against such agency for negligence.
9. GPCB shall place on record the details of the record of the visits paid by its officers in the Civil Hospital campus since 2006 to ensure compliance of the directions given to the Pollution Control Board."
In response to the order passed by this Court on 18th October 2011 referred to above, one Dr.M.M.Prabhakar, Medical Superintendent of Civil Hospital, Ahmedabad filed an affidavit-in-reply stating that from 23rd September 2011 massive programme for cleaning up the entire Civil Hospital is taken-up. In the reply, he further stated that a detailed action plan to maintain the entire complex in proper and most hygienic situation is contemplated.
We were disturbed with the affidavit-in-reply because it was suggestive of the fact that upto 23rd September 2011 no steps were taken at all for cleaning up the entire Civil Hospital campus, which has seven hospitals and eight educational institutions.
Thereafter, the Deputy Municipal Commissioner (Health and Solid Waste Management) Shri Ishvarbhai K.Patel of Ahmedabad Municipal Corporation filed affidavit-in-reply trying to explain as to how Municipal Solid Waste (Management and Handling) Rules, 2000 are complied with by the Municipal Corporation. However, the affidaivit-in-reply is conspicuously silent as regards the chaotic situation which was prevailing in the city of Ahmedabad and in the areas at the outskirts.
The Minister for Health - respondent no.3 also thought fit to file a reply after early exhibition of reluctance and took a very unreasonable stand. In the affidavit-in-reply of the Minister of Health, State of Gujarat, it has been stated as under :-
"...The Health Department normally does not have any role to play in the maintenance of sanitation and cleanliness but do swing into action in extraordinary situations like breaking out of epidemics like in the past H1N1 Flue, Swine Flue, Bird Flue, Hepatitis-B, etc."
Perhaps, what is sought to be conveyed is that the State owes no obligation towards its citizens so far as personal hygiene and public health is concerned, and it appears from the affidavit-in-reply that dengue, malaria, etc. are not extraordinary situations. Further, in the reply, it has been stated that :
"...It is submitted that the issues raised in the petition are mainly pertaining to statutory duties of the Municipal Corporation, Municipalities and Panchayats. The State (more particularly Minister of Health) is not directly concerned with those issues."
The affidavit-in-reply on behalf of the Minister of Health, State of Gujarat is very disturbing.
All subsequent affidavits on behalf of the respondents suggest only one thing that they realized the seriousness of the situation only after a period of almost five months and that too, when people started dying like flies and cockroaches. Till then, nobody thought fit to take steps, which they started taking after the intervention of this Court in this Public Interest Litigation.
One another feature which we have noticed in this litigation is that the Commissioner of Ahmedabad Municipal Corporation has not thought fit even to seek an explanation from his subordinate officers as to why such a situation cropped-up in the city and who are responsible for the same. As a Commissioner of the Corporation he should have immediately called upon his subordinates, more particularly, the Health Officers of each of the zones to explain as to why the directions issued by this High Court earlier in point of time have not been complied with. We specifically asked the State and the Municipal Corporation in our order dated 18th October 2011 to explain and place necessary material on record as to what action was taken against the officers responsible for non-compliance of the directions of this Court and the details of those officers who can be held responsible for contempt of this Court.
We are sorry to state that there has been no reply till this date and there is not even a reference of this in any of the affidavits filed by the respondents, more particularly, on behalf of the Ahmedabad Municipal Corporation. Less said the better. However, we make it clear that though the top authorities of the Corporation may not have thought fit to inquire into the lethargy, negligence and dereliction of duty on the part of the officers concerned, we shall definitely look into the same and deal with each of such erring officers in accordance with law. There is no reason for them to rejoice in the hope that the High Court has not taken any coercive steps uptil now inspite of the fact that in the judgment of 2006, the Division Bench has made it abundantly clear that the officers shall be guilty of contempt of the judgment of the High Court if the directions are not scrupulously followed or abided.
It is well settled that right to life enshrined in Article 21 of the Constitution takes within its sweep right to a life which is worth living. It includes the following rights as well :
(1)right to food, clothing, and shelter, (2) right to reasonable accommodation to live in, (3) right to decent environment, and (4) right to live in a clean city.
Though personal hygiene can to a large extent ward off ordinary ailments caused due to lack of hygienic, there are many factors, over which an individual can have no control, which cause health problems. The state agencies are in such areas better equipped to prevent the causes and deal with the ailments in a more regulatory, effective and authoritative manner. The legal responsibility of the state agencies to take care of the individual's health and ensure his physical and mental well-being will therefore be a measure of the individual's right to health in a welfare state. Every sovereign state has plenary power to do all things which promote the health, peace, morals, education and good order of the people and tend to increase the wealth and prosperity of the State. Maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society which the Constitution makers envisaged. The obligation of the State to ensure the creation and the sustaining of conditions congenial to good health is cast by the Constitutional directives contained in Articles 39(e) & (f), 42 and 47 in part IV of the Constitution of India.
The Supreme Court has held that the right to live with human dignity enshrined in Article 21 derives its life and breathe from the directive principles of State policy particularly Article 39(e) &
(f), 41 and 42 and would therefore include protection of health as envisaged in the directives. The expanded meaning of right to life is wholly justified, for, without health of a person being protected and his well being looked after, it would be impossible for him to enjoy other fundamental rights such as rights to freedom of speech and expression, to move freely throughout the territory of India, to practice any profession or carrying on any trade, occupation or business, to form associations guaranteed by Article 19 in a positive manner. Without a guarantee of health and well being most of these freedoms cannot be exercised fully. To make other rights meaningful and effective right to a healthy life is the basis underlying the constitutional guarantees. All that the courts have done is to provide redressal by a meaningful and just interpretation to the right to life and commanding enforcement of the duties of a welfare State. The Court itself being an authority and therefore 'State' within the meaning of Article 12 which definition is made applicable by Article 36 to part IV containing the Directive Principles of State Policy, has to bear in mind these directives in its decision making process.
Health is a state of complete physical, mental and social well being. The term 'health' implies more than mere absence of sickness as held by the Supreme Court. The Apex Court in India has played a decisive role in realization of the right to health by recognising the right as a part of the fundamental right to life and issuing suitable directions to the State authorities for the discharge of their duties. The Court has recognised that maintenance of health is a most imperative constitutional goal whose realisation requires interaction of many social and economic factors.
In Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622, the Supreme Court considered the question whether the order of trial Court, which was upheld by the High Court of Madhya Pradesh, directing the Ratlam Municipality to draft a plan within six months for the removal of nuisance caused by the open drains, human excreta littering the roads etc., could be sustained. The Supreme Court held that by affirmative action the Court could compel a statutory body to carry out its duties to the community including creation of sanitary conditions in the city. Expressing anxiety over the condition of Ratlam town, the Supreme Court observed as follows:-
".....Ward No. 12, New Road, Ratlam town is an area where prosperity and poverty live as strange bedfellows. The rich have bungalows and toilets; the poor live on pavements and litter the street, with human excreta because they use roadsides as latrines in the absence of public facilities. And the city fathers being too busy with other issues to bother about the human condition, cesspools and stinks dirtied the place beyond endurance which made the well-to-do citizens protest, but the crying demand for basic sanitation and public drains fell on deaf ears. Another contributory cause to the insufferable situation was the discharge from the Alcohol plant of malodorous fluids into the public street. In this lawless locale, mosquitoes found a stagnant stream of stench so hospitable to breeding and flourishing, with no municipal agent disturbing their stinging music at human expense...... (Para
2) In this view, the Magistrate's approach appears to be impeccable although in places he seems to have been influenced by the fact that "cultured and educated people" live in this area and "New Road, Ratlam is a very important road and so many prosperous and educated persons are living on this road". In India 'one man one value' is the democracy of remedies and rich or poor the law will call to order where peoples rights are violated. What should also have been emphasized was the neglect of the Malaria Department of the State of Madhya Pradesh to eliminate mosquitoes, especially with open drains, heaps of dirt, public excretion by humans for want of lavatories and slums nearby, had created an intolerable situation for habitation. An order to abate the nuisance by taking affirmative action on a time bound basis is justified in the circumstances. The nature of the judicial process is not purely adjudicatory nor is it functionally that of an umpire only. Affirmative action to make the remedy effective is on the essence of the right which otherwise becomes sterile. Therefore, the Court, armed with the provisions of the two Codes and justified by the obligation under S. 123 of the Act, must adventure into positive directions as it has done in the present case. Section 133 Cr. P. C. authorizes the prescription of a time limit for carrying out the order. The same provision spells out the power to give specific directives. We see no reason to disagree with the order of the Magistrate."
(Para 16) Relying on the decision in Municipal Council, Ratlam's case (supra), the Supreme Court in Dr. B. L. Wadehra v. Union of India, AIR 1996 SC 2969, directed the Municipal Corporation, Delhi and the New Delhi Municipal Council to perform its statutory duties of scavenging and cleaning the city. The Supreme Court did not accept the grounds of inadequacy of funds or insufficiency of machinery for non-performance of their statutory obligations.
Due to failure of the civic authorities and other bodies to discharge their duties under Article 21 of the Constitution of India and the statutory provisions, the quality of life in the city has gone down tremendously. The civic bodies and other authorities have been taking refuge under the puerile excuse that it is the people who do not have the awareness of hygiene and cleanliness, resulting into this situation. The usual plea is a poor alibi for not performing their statutory duties. The law must be enforced beyond fragile. Plea of lack of public awareness, lack of adequate number of employees or finance must be rejected. Inaction of the authorities cannot be tolerated, as that will make mockery of Article 21 of the Constitution of India and the statutory provisions under which they are obliged to carry out their duties including the duty to provide and maintain civil amenities, which make life worth living.
The mosquito is no respector of persons and has been indiscriminated in striking the rich and the poor, the learned and the laity, the young and the old, the pretty and the ugly, alike. Much could be done by a responsible corporation and other civic bodies by taking affirmative action on a time-bound basis to mitigate the hardship of the people. However, there is no indication that any tangible action has been programmed to combat the mosquito menace by tackling it on a war footing. The official reaction is one of lethargy and inaction and false assumption that they have only powers and no duties.
In the above backdrop, this Court is of the firm opinion that it should step in and find out ways and means to bale out the Corporation out of its present precarious position in order to protect the health of the citizens which has been declared by the Apex Court as a part of fundamental right to life and liberty of every person. By doing so, we are quite aware of the fact that we will be exposing ourselves to the charge that the Court has assumed the role of a "garbage supervisor", but the brunt of that cross is worth bearing, having regard to the ultimate benefit it may bring to the people. It is high time to remind the public authorities to shed their ego about the court verdicts passed in public interest which must be accepted in the right spirit bearing in mind the paramount consideration of the health and well being of the people as imperatively implicit in the right to life guaranteed under Article 21 of the Constitution of India.
For this purpose, we have thought fit to constitute a committee consisting of experts who will be in a position to give us the correct picture as well as guide the Corporation to combat the epidemic in a more effective manner.
We had requested learned counsel Ms.Amee Yajnik to assist us as to who can be the members of the committee. Ms.Amee Yajnik suggested the names of the following persons :-
Dr.Dileep Mavlankar, Dean, Indian Institute of Public Health;
National Institute of Occupation Health, Ahmedabad;
Dr.Sudarshan Iyenger, Vice Chancellor, Gujarat Vidhyapith;
Friends of Medico Circle, Ahmedabad;
Indian Institute of Public Health (Public Health Foundation of India), Gandhinagar;
National Institute of Malaria Research (Indian Council of Medical Research), Field Station, Nadiad, Dist.Kheda, Gujarat;
Regional Office of Health and Family Welfare (Government of India), Anand Estate, Bapunagar, Ahmedabad;
Department of Community Medicine, NHL Medical College, Ahmedabad;
Department of Community Medicine, BJ Medical College, Ahmedabad;
Medical Officer of Health, Director (Solid Waste Management);
Deputy Health Officer (Epidemic) and Assistant Entomologist, AMC.
Once the matter comes up to the court in a case of present nature, which relates to the conditions in the government run hospitals and concerning public health, hygiene and sanitation, where crores of rupees of public funds are involved, in our opinion, it becomes the duty of the court to appoint a committee to go into the matter and to submit their report with the suggestions of remedial measures which are required. The court cannot be the silent spectator and should, rather must intervene.
In the case of State of Himachal Pradesh v. A. Parent of a Student of Medical College, Simila, (1985) 3 SCC 169: (AIR 1985 SC 910), in para 4 of the judgment, the Court said that where the court finds on being moved by an aggrieved party or by any public spirited individual or social action group, that the executive is remiss in discharging its obligations under the Constitution or the law, so that the poor and the underprivileged continue to be subjected to exploitation and injustice or are deprived of their social and economic entitlements or that social legislation enacted for their benefit is not being implemented thus depriving them of the rights and benefits conferred upon them, the court certainly can and must intervene and compel the executive to carry out its constitutional and legal obligations. No doubt the court said that the court cannot even indirectly require the executive to introduce a particular legislation or the legislature to pass it or assume to itself a supervisory role over the law-making activities of the executive and the legislature. A reference may be made to the case of Veena Sethi v. State of Bihar, AIR 1983 SC 339, as well as Sheela Barse v. State of, Maharashtra, AIR 1983 SC 378. In the famous case of Bandhu Mukti Morcha v. Vision of India (1984) 3 SCC 161 : (AIR 1984 SC 802), an objection was raised on behalf of the State of Haryana as well as one of the mine-lessees that the letter cannot be treated as writ petition under Art.32 of the Constitution of India because no fundamental right of the petitioner or of the workman on whose behalf the writ petition has been filed, can be said to have been infringed. The court said (at p. 811 of AIR):-
"This contention is, in our opinion, futile and it is indeed surprising that the State Government should have raised it in answer to the writ petition. We can appreciate the anxiety of the mine-lessees to resist the writ petition on any ground available to them, be it hyper-technical or even frivolous but we find it incomprehensible that the State Government should urge such a preliminary objection with a view to stiffing at the threshold an enquiry by the court as to whether the workmen are living in bondage and under inhuman conditions. We should have thought that if any citizen brings before the court a complaint that a large number of peasants or workers are bonded serfs or are being subjected to exploitation by a few mine lessees or contractors or employers or are being denied the benefits of social welfare laws, the State Government, which is under our constitutional scheme, charged with mission of bringing about a new socio-economic order where there will be social and economic justice for every one and equality of status and opportunity for all would welcome an enquiry by the court, so that if it is found that there are in fact bonded labourers or even if the workers are not bonded in the strict senses of the term as defined in the Bonded Labour System (Abolition) Act, 1976, but they are made to provide forced labour or are consigned to a life of utter deprivation and degradation, such as a situation can set right by the State Government."
The Supreme Court also said that the adversial procedure with evidence let by either party and treated by cross-examination by the other party and the Judge playing a passive role has become a part of our legal system because it is embodied in the Code of Civil Procedure and the Indian Evidence Act. But these statutes obviously have no application where a new jurisdiction is created in the Supreme Court for enforcement of a fundamental right. The Supreme Court in para 14 of the judgment, further said that (AIR 1984 SC 802 at p. 816) :-
"....The poor and the disadvantaged, cannot possibly produce relevant material before the court in support of their case and equally where an action is brought on their behalf by a citizen acting pro bono publico, it would be almost impossible for him to gather the relevant material and place it before the Court. What is the Supreme Court to do in such a case? Would the Supreme Court not be failing in discharge of its constitutional duty of enforcing a fundamental right if it refuses to intervene because the petitioner belonging to the under privileged segment of society or a public spirited citizen espousing his cause is unable to produce the relevant material before the court. If the Supreme Court were to adopt a passive approach and decline to intervene in such a case because relevant material has not been produced before it by the party seeking its intervention, the fundamental would remain merely a teasing illusion so far as the poor and disadvantaged sections of the community are concerned."
The Supreme Court also observed that it is for this reason that the Supreme Court has evolved the practice of appointing commissions for the purpose of gathering facts and data in regard to a complaint of breach of a fundamental right made on behalf of the weaker sections of the society. The report of the commissioner would furnish prima facie evidence of the facts and data gathered by the commissioner and that is why the Supreme Court is careful to appoint a responsible person as commissioner to make an enquiry or investigation into the facts relating to the complaint. The Court also observed that it is interesting to note that in the past the Supreme Court has appointed sometime a District Magistrate, sometime a District Judge, some time a Professor of Law, sometime a Journalist, sometime an officer in the Court and sometime an Advocate practising in the Court for the purpose of carrying out an enquiry or investigation and making report to the court because the commissioner appointed by it must be a responsible person, who enjoys the confidence of the court and who is expected to carry out his assignment objectively and impartially without any predilection or prejudice. Once the report of the commissioner is received, copies of it would be supplied to the parties so that either party if it wants to dispute any of the facts or data stated in the report may do so by filing an affidavit and the court can then consider the report of the commissioner and the affidavits which may have been filed and proceed to adjudicate upon the issue arising in the writ petition. It would be entirely for the court to consider what weight to attach to the facts and data stated in the report of the commissioner and to what extent to act upon such facts and data. But it would not be correct to say that the report of the commissioner has no evidentiary value at all, since the statements made in it are not tested by cross- examination. To accept this contention would be to introduce the adversial procedure in a proceeding where in the given situation, it is totally inapposite. It may be said that the jurisdiction of this Court under Art.226 of the Constitution of India is similar as that of the Supreme Court under Art.32 of the Constitution of India. The Supreme Court in para 15 of the judgment in the case of Bandhu Mukti Morcha (supra) said that what it had said in regard to the exercise of jurisdiction by the Supreme Court under Art.32 must apply equally in relation to the exercise of jurisdiction by the High Court under Art.226 of the Constitution for the latter jurisdiction is also a new constitutional jurisdiction and it is conferred in the same wide terms as the jurisdiction under Art.32 and the same powers can and must therefore be exercised by the High Court while exercising jurisdiction under Art.226. The Supreme Court also said that in fact, the jurisdiction of the High Court under Art.226 is much wider, because the High Courts are required to exercise this jurisdiction not only for enforcement of a fundamental right but also for enforcement of any legal right and there are many rights conferred on the poor and the disadvantaged which are the creation of statute and they need to be enforced as urgently and vigorously as fundamental rights. In view of the aforesaid dictum of the Apex Court, it can hardly be disputed that in the exercise of the powers under Art.226 of the Constitution this court in the matter of public interest litigation, like the present one, can appoint commissioner to make investigation and furnish the complete facts before this Court.
We are of the opinion that in a case of present nature where various instances of lethargy, negligence and dereliction of duty on the part of the officers of the State and the officers of the Ahmedabad Municipal Corporation have been cited as illustrations, the Court should appoint a Committee to make inquiries into the matter. Consequently, we appoint a Committee of Commissioners of the following :-
Dr.Dileep Mavlankar, Dean, Indian Institute of Public Health, Gandhinagar (Public Health Foundation of India);
Dr.Sudarshan Iyenger, Vice Chancellor, Gujarat Vidhyapith;
Expert from National Institute of Malaria Research (Indian Council of Medical Research), Field Station, Nadiad, Dist.Kheda, Gujarat;
Expert from National Institute of Occupation Health, Ahmedabad;
Officer of Regional Office of Health and Family Welfare (Government of India), Anand Estate, Bapunagar, Ahmedabad;
Expert from Department of Community Medicine, NHL Medical College, Ahmedabad;
Expert from Department of Community Medicine, BJ Medical College, Ahmedabad;
Medical Officer of Health, Director (Solid Waste Management), Ahmedabad Municipal Corporation;
Deputy Health Officer (Epidemic) and Assistant Entomologist, Ahmedabad Municipal Corporation;
The Committee of Commissioners shall be headed by Dr.Dileep Mavlankar, who is not only a Dean (Academics), Indian Institute of Public Health, Gandhinagar (Public Health Foundation of India), but also an M.B.B.S. and M.D. From Gujarat University and a Master of Public Health and Doctor of Public Health Degree from the prestigious Johns Hopkins University, U.S.A. He has worked as a post doctoral fellow at the National Institute of Health (NIH) in U.S.A. The concerned institutions and the departments shall nominate an expert to be one of the the members of the Committee, which we have constituted, at the earliest.
We request the Committee to assist us by examining the following issues :-
To take stock of the affairs and prevailing conditions of the Civil Hospital, Ahmedabad, regarding the unhygienic conditions of the hospital that led to numerous deaths due to Dengue and Malaria in the past nine months and also situation regarding these issues in other government hospitals of the city.
To take complete details and information regarding deaths due to Dengue, Malaria and Falciparum and then identify from the record the exact problems that gave rise to such situations leading to deaths of resident doctors, nursing staff and patients in the Civil Hospital.
To give a report on the overall administration of the Civil Hospital regarding the sanitation measures, quarantine measures and disposal of bio-medical waste taken by the Civil Hospital.
To apply the same methodology to other government hospitals in the State and identify giving rise to such kind of deaths due to Dengue and Malaria in hospitals.
To recommend appropriate measures or a proper structure for regulating the government hospital system.
To evaluate the extent of the problem caused due to unhygienic conditions in the Civil Hospital and other government hospitals of the State and negligence of the administration in maintaining cleanliness in the hospitals including other parts of the city and recommend measures required to deal with the problem effectively.
To recommend steps to be taken by the Health Department and Ahmedabad Municipal Corporation to tackle the problem of Dengue and Malaria.
To consider and suggest any other issue incidental to the above issues.
The Committee may also assist us on the issue as to whether the present system adopted by the Ahmedabad Municipal Corporation so far as clearance of garbage, maintenance of public hygiene, etc. is concerned has any shortcomings and what best can be done to take care of the shortcomings and improve the system. The Committee may also assist us as to what steps can be taken to create public awareness so far as maintenance of public hygiene is concerned.
The Committee is directed to submit its report to this Court within a period of three months i.e. on or before 31st March 2012.
We hereby direct all respondents concerned, more particularly, Ahmedabad Municipal Corporation to extend all cooperation to the Members of the Committee to provide them the record which they may require for the purpose of investigation and to provide them proper space for their sitting in the hospitals as and when they so require.
We, once again, at the cost of repetition state that the respondents shall shed their ego about the court verdicts passed in public interest which must be accepted in the right spirit bearing in mind the paramount consideration of the health and well being of the people as imperatively implicit in the right to life guaranteed under Article 21 of the Constitution of India.
Registry is directed to list the matter before this Court on 5th April 2012.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top