Supreme Court - Daily Orders
M.S. Patter vs State Of Nct Of Delhi on 19 February, 2019
Bench: Arun Mishra, Vineet Saran
1
ITEM NO.16 COURT NO.5 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 878/2004
(Arising out of impugned final judgment and order dated 08-07-2003
in CM No. 11595/2002 in CWP No. 3118/2000 passed by the High Court
Of Delhi At New Delhi)
M.S. PATTER Petitioner(s)
VERSUS
STATE OF NCT OF DELHI & ORS. Respondent(s)
Date : 19-02-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE VINEET SARAN
Amicus Curiae Mr. Ranjit Kumar, Sr. Adv.
Mr. Sanjay Kapur, Adv.
Mr. Bharath Gangadharan, Adv.
For Petitioner(s) Dr. Brahm Dutt, Adv.
Mr. Vivek Kumar, Adv.
Mr. Surya Kant, AOR
For Respondent(s) Mr. Ashok Kumar Panda, Sr. Adv.
Ms. Sonia Mathur, Sr. Adv.
Mr. V.V.V. Pattabhi Ram, Adv.
Ms. Seema Bengani,Adv.
Mr. Anas Zaidi, Adv.
Mr. B.V. Balramdas, Adv.
Mr. B. Krishna Prasad, AOR
UPON hearing the counsel the Court made the following
O R D E R
We have seen the report submitted on behalf of the Delhi State Legal Services Authority. Certain deficiencies have been found at Signature Not Verified Digitally signed by R NATARAJAN Date: 2019.02.21 the Home for Leprosy and T.B. Affected Beggars(HLTB) and Home for 17:09:26 IST Reason:
Leprosy Affected Beggars, Tahirpur Complex, Delhi-95. The following deficiencies have been found: 2
1. The electric switch board and toilets in the Medical Care Unit need repair and the table lying in the Medical Care Unit is to be replaced.
2. The bathroom and toilet behind medical room were not repaired and the backdoor entrance of the medical room was also not in good condition. One cooler was still lying in dirty condition and the windows and grills of the medical room were also not painted.
3. Drainage system was found blocked at the bathing area. The clamps on the water pipes was not fitted properly. Slopping on the floor was not proper and the water cooler needed to be replaced/painted. PWD had been requested to provide stainless steel unbreakable sanitary fittings which had low maintenance and there was no unusual risk of damage and theft to the same.
4. Geysers for hot water supply were yet to be provided. Old water pump house was yet to be repaired.
Grill in the area surrounding the pump was yet to be painted. Grills over the drains were yet to be provided.
5. No exhaust fan had been provided in the urinal block. At least two fans should be provided so that the block does not stink.
6. Additional trained staff is required for the laundry to operate the machines but the requisition had not been sent to the concerned authority.
7. The collapsible iron gate which appeared to be of no use, is to be removed. Door frame had to be painted. Lot of water logging was found inside the laundry area because of insufficient slope of the floor. The backside area around the ground water pump was required to be repaired.
38. Outside laundry area, the electrical poles are yet to be painted and street lights are yet to be provided.
9. Though broken cots had been repaired, yet the height of cots was found inappropriate as per the requirements of inmates and the cots were still found to be supported on bricks to raise their height. The work providing and fitting of window panes was yet to be completed.
10. Exhaust fans at most of the places were yet to be provided and fitted. The drainage pipe of rain water fitted on the wall of wards was not properly connected. It has to be connected with proper clamping. The approach road to the wards were required to be properly repaired.
11. One of the rooms kept for entertainment in the wards with the facility of LED TV requires proper sitting arrangements by providing mats, chairs etc.
12. The dark spot areas in the home should be appropriately fenced and lighted to check unauthorized entry and commission of thefts etc.
13. No substantial work had been done in the kitchen for renovation except repairing of some tiles.
14. There was no supervisory staff to check the preparation of food items. Superintendent informed that he would seek advice from Dietician for posting of supervisory staff to check preparation of various food items, their quantity and quality etc.
15. Repairing work in open space between kitchen and dormitory is yet to be completed.
16. In the dining room, painting of roof, window, grills, frames and shutters were required to be done.
4Exhaust fan was also required to be installed. There was sitting capacity of around 80 inmates at one time. The repair work of roof of the corridor was required to be done in two dining rooms. It was noticed that one of these rooms was situated much away from kitchen area which is not advisable.
17. Four food distribution trolleys had been hired for one month for a sum of Rs.20,000/- per month and the trolleys were yet to be purchased.
18. Painting of exhaust fans, window frames, shutters and stools were yet to be done.
19. Grills and dwarf walls around the temple/worship place were yet to be painted.
20. Some toilets in the sick ward still require repair work.
21. Inmates of sick ward stated that the trees at the complex of sick ward needs to be pruned from time to time for proper sun light.
22. Welfare Officers who were doing counselling of inmates were stated to be possessing the Master degree in social welfare. Thus it was stated that meanwhile they were providing counselling to the inmates, the professional counsellors were yet to be appointed.
23. Upon interaction with inmates, it was enquired as to whether the diet chart provided by the dietician was followed or not. Around 20-25 inmates confirmed that the diet had been provided as per the chart but they were not satisfied with the quantity.
24. The Inspection Team is of the opinion that painting 5 of windows, grills, frames and shutters are required to be done in all the dormitories and dining room. The surface which is being painted has not been properly cleaned and shall be peeled off to increase durability of paint/white wash.
25. The team also visited the temple adjacent to the Laundry room and found that it was required to be properly painted and some plantation should be done for its beautification.
26. It is reported that there are only seven Safai Karamcharis for cleaning the entire premise and keeping in view of the huge area around 20 Safai Saramcharis are required to be deputed/appointed. It has been further reported that the demand in this regard has already been sent to the Department of Social Welfare but there is no progress so far.
27. The team also observed that for the security purpose, there was no security guard in the entire premises and no CCTV camera was installed at any place of the entire premises of HLTB or TCPC, which are considered very necessary to have a better supervision over the security and activities going on.
28. No improvement was found at Training-cum-Production Centre (TCPC) by the team. It was as bad as it was noticed during visit on 12.12.2018.” Let all the aforesaid deficiencies be removed and requisite improvements be made within four weeks from today except as directed by us hereinafter for kitchen and food quantity.
In case the deficiencies are not removed, the concerned official shall be responsible for non-compliance and violating the 6 mandate of this Court and will have to be present in the Court on the next date of hearing.
However, with respect to the quantity and quality of the food, the same should be done within one week after consulting a Dietician. The kitchen be repaired within two months and compliance affidavit be filed.
The compliance affidavits filed on behalf of the respondent-
Social Welfare Department is taken on record.
List this matter on 27.3.2019.
(ASHA SUNDRIYAL) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER