Delhi High Court - Orders
Bhavreen Kandhari vs Govt Of Nct Of Delhi & Ors on 2 August, 2022
Bench: Chief Justice, Subramonium Prasad
$~24 to 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5050/2021 & CM APPLs. 15464-66/2021, 15694/2021,
16559-60/2021 & 18206-07/2021
BHAVREEN KANDHARI ..... Petitioner
Through: Mr. Aditya N. Prasad, Advocate.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Monika Arora, CGSC with Mr.
Yogesh Panwar, Mr. Shivam
Raghuwanshi, Mr. Balkrishan
Sharma, Advocates for UoI
Mr. Rajshekhar Rao, Sr. Adv.
(Amicus Curiae) with Ms. Mansi
Sood, Mr. Areeb Amanullah,
Advocates
+ W.P.(C) 5102/2021 & CM APPLs. 15635-36/2021
ASEEMIT SOCIAL PROJECTS FOUNDATION ..... Petitioner
Through: Mr. Sarthak Maggon, Ms. Prakriti,
Advocates.
Ms. Karuna Nundy, Ms. Muskan
Tibrewala, Mr. Amanpreet Singh,
Advocates
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Anurag Ahlurwalia, CGSC with
Mr. Danish Faraz Khan, Mr. Gursihar
Singh, Advocates for UoI.
Mr. Rajshekhar Rao, Sr. Adv.
W.P.(C) 5050/2021 etc. Page 1 of 26
(Amicus Curiae) with Ms. Mansi
Sood, Mr. Areeb Amanullah,
Advocates.
Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Ayushi Bansal, Ms. Sanyam
Suri, Ms. Arshya Singh, Ms.
Aishwarya Sharma, Advocates for
H&FW
+ W.P.(C) 5241/2021
SH. MANJIT SINGH ..... Petitioner
Through:
versus
GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Rajshekhar Rao, Sr. Adv.
(Amicus Curiae) with Ms. Mansi
Sood, Mr. Areeb Amanullah,
Advocates.
Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Ayushi Bansal, Ms. Sanyam
Suri, Ms. Arshya Singh, Ms.
Aishwarya Sharma, Advocates for
H&FW
+ W.P.(C) 5594/2021 & CM APPL. 17440/2021
ADHISHREE BELSARE & ANR. ..... Petitioners
Through:
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rajshekhar Rao, Sr. Adv.
W.P.(C) 5050/2021 etc. Page 2 of 26
(Amicus Curiae) with Ms. Mansi
Sood, Mr. Areeb Amanullah,
Advocates.
Mr. Anurag Ahlurwalia, CGSC with
Mr. Danish Faraz Khan, Mr. Gursihar
Singh, Advocates for UoI.
+ W.P.(C) 3031/2020 & CM APPL. Nos. 15227/2021, 15358/2021,
15359/2021, 15360/2021, 15361/2021, 15362/2021, 15363/2021,
15481/2021, 15482/2021, 15652/2021, 15653/2021, 15845/2021,
15869/2021, 15962/2021, 15963/2021, 16081/2021, 16082/2021,
16083/2021, 16084/2021, 16085/2021
RAKESH MALHOTRA ..... Petitioner
Through: Petitioner in person
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
INDIA AND ORS ..... Respondents
Through: Mr. Rajshekhar Rao, Sr. Adv.
(Amicus Curiae) with Ms. Mansi
Sood, Mr. Areeb Amanullah,
Advocates.
Mr. Rahul Mehra, Sr. Adv. with Mr.
Satyakam, Mr. Chaitanya Gosain and
Mr. Alok Raj, Advocates.
Mr. Manish Maheshwari, Advocate
for Contemnor in FIR No.218/2021,
PS Amar Colony
Mr. Tushar Sannu, Standing Counsel,
IHBAS, EDMC with Ms. Priyansha
Sinha, Advocates.
Mr. Kirtimarn Singh, Ms. Srirupa
Nag, Mr. Waib Ali Noor, Advocates
for UoI
Mr. Lalit Kumar, Advocate for
W.P.(C) 5050/2021 etc. Page 3 of 26
contemnors Vinay Agarwal and
Akash Vashist accused in FIR
Dwarka South, New Delhi
Ms. Mansi Khurana, Adv. for Mr.
Chirag Jain in FIR No. 152/2021, PS
Hauz Khas.
Mr. Anurag Ahlurwalia, CGSC with
Mr. Danish Faraz Khan, Mr. Gursihar
Singh, Advocates for UoI.
Mr. Pratap Singh, Advocate in FIR
No.334/2021
Ma. Aayush Khetarpal, Advocate for
Mr. Inderdutt Kaushik
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 02.08.2022
1. W.P.(C) 5050/2021 has been filed with the following prayers:
"a. an appropriate writ, order or direction directing the Respondent no. 3 to issue appropriate Drugs (Price Control) Order for essential COVID management drugs and ancillary equipment, b. an appropriate writ, order or direction directing the Respondent no. 4/ Delhi Police to immediately remove its barricades at necessary locations so that access to Hospitals, Medical Clinics and other health facilities and institutions is not restricted, c. an appropriate writ, order or direction directing the Respondent no. 1 to consider the suggestions made in the Petition, d. an appropriate writ, order or direction directing the Respondent no. 1 and 2 to implement the Guidance Document On Appropriate Management Of W.P.(C) 5050/2021 etc. Page 4 of 26 Suspect/Confirmed Cases Of Covid-19 and the Containment Plan for Large Outbreak Novel Coronavirus Disease 2019 issued by the Ministry of Health and Family Welfare, Govt. of India prescribing a Three Tier arrangement for managing suspect/confirmed cases to decrease burden on the Covid Block/Hospital.
e. an appropriate writ, order or direction directing the Respondent no. 1 and 2 to take appropriate steps to implement its own Home Isolation Management plan, f. an appropriate writ, order or direction directing the Respondent no. 1 and 2 to place immediately adequate resources and manpower including but not limited to vehicles and wireless sets at each hospital to enable a real-time bed status tracking mechanism and proper movement of patients who are in dire need, g. an appropriate writ, order or direction directing the Respondent no. 1 and 2 to place adequate resources and manpower at each hospital to ensure clear communication to the relatives of each patient regarding their health status, requirements etc., h. an appropriate writ, order or direction directing the respondent no. 1 and 2 to install Pressure Swing Adsorption (PSA) technology/ Onsite mini Oxygen generation plants at all its major hospitals in the National Capital, i. an appropriate writ, order or direction directing the Respondent no. 1 to initiate appropriate steps to achieve a total of 1,19,000/- (One lac nineteen thousand) beds at par with World Health Organisation norms in a time bound manner, j. an appropriate writ, order or direction directing the W.P.(C) 5050/2021 etc. Page 5 of 26 respondent no. 1 and 2 to implement the "Guidelines on Medical Preparedness and Mass Casualty Management" and the "Guidelines for Hospital Emergencies Preparedness Planning" in a time bound manner, k. an appropriate writ, order or direction appointing a Committee to monitor the implementation of the directions of this Hon‟ble Court, l. award costs of this Petition to the Petitioner; m. to pass any further order(s) which this Hon‟ble Court may deem fit in the facts and circumstances of the case and in the interests of justice."
2. W.P.(C) 5102/2021 has been filed with the following prayers:
"i. Issue a writ, order or direction in the nature of Mandamus, thereby, directing the State Government of Delhi in co-ordination with the Central Government to frame concrete policy guidelines exhaustively dealing with the procedure of procurement and supply of oxygen cylinders and other essential drugs such as Remdesivir for home care patients who were not able to get admission in any designated Covid Hospitals;
ii. Issue a writ, order or direction in the nature of Mandamus directing the State Government to establish an online portal displaying the data regarding availability of oxygen cylinders at different places of supply and the price ceiling imposed for procurement of the same;
iii. Issue a writ, order or direction in the nature of Mandamus directing the State Government to frame guidelines containing SOP for the rehabilitation of patients who are denied admission in a Covid hospital and maintain a centralised database of such critically ill patients waiting for Covid beds in Delhi;W.P.(C) 5050/2021 etc. Page 6 of 26
iv. Issue a writ, order or direction in the nature of Mandamus directing the State Government to frame appropriate guidelines for processing of cash-less insurance claims at each designated Covid Hospitals;
v. Issue a writ, order or direction in the nature of Mandamus directing the State Government to frame a plan of action and appoint a special task force team with the help of DCP for curbing the menace of Black Marketing and Hoarding of oxygen cylinders and prescribing stringent punishments under the Disaster Management Act for the offenders;
vi. Issue a writ, order or direction in the nature of Mandamus directing the State Government to ensure that Resident Welfare Associations and Local Government/ SDMs are in strict adherence of the guidelines issued by the State Government and to further utilize the community resources to identify plasma donors in close geographical proximity of Covid positive patients W.P.(C)-5102/2021.
vii. To issue any other appropriate writ, order or direction which this Hon‟ble Court deems just and proper, in the facts and circumstances of the present matter."
3. W.P.(C) 5241/2021 has been filed with the following prayers:
"a) Issue a writ/writs in the nature of a mandamus or any other writ directing the Respondent to create an accountable, fair and transparent mechanism for allocating beds to COVID-19 patients in Hospitals of Delhi; and
b) Issue a writ/writs in the nature of a mandamus or any other writ directing the Respondent to set up a Centralized Agency along with Help-Desks outside W.P.(C) 5050/2021 etc. Page 7 of 26 every COVID-19 Hospital in Delhi for helping the patients locate a bed in another hospital, who cannot be admitted in that particular hospital, and
c) Pass such other orders or directions as this Hon‟ble Court deem fit, just and proper in the facts and circumstances of the present case."
4. W.P.(C) 5594/2021 has been filed with the following prayers:
"a) Direct Respondents to provide five vials per day of Liposomal Amphotericin B Injection - 50 mg to Mr. Sandeep Belsare having MAX ID - SKCT.399657 admitted in Max Smart Super Specialty Hospital, New Delhi till Mr. Sandeep Belsare recovers from infection or till the drug is prescribed by the doctors,
b) Direct the Respondent to compensate the Petitioner‟s father in case of any disability arising due to lack of availability of treating drugs meant to cure Black Fungus, accruing out of the fault of the Respondents.
c) Pass any order or grant any relief as this Hon‟ble Court deems fit to pass in the facts and circumstances of the present case."
5. W.P.(C) 3031/2020 has been filed with the following prayers:
"I. Issue a Writ of Mandamus or any other Appropriate Writ, Order or Direction thereby directing the Respondent No. I and Respondent No.2 to expedite to furnish the Report of the Suspected People within 48 hours or as early as well from the time of conducting of a test for Coronavirus (COVID·19) and to exponentially increase the pace of conducting tests of the Suspect person having/showing symptoms of COVID-I 9 and further;W.P.(C) 5050/2021 etc. Page 8 of 26
II. Issue a writ of Mandamus or any other appropriate writ, order or direction thereby directing the respondent No.3 to immediately issue necessary direction to respondent No.1 and respondent No.2 about furnishing of the testing report of covid-19 suspect and for making other appropriate remedies in the said effect and III. Pass any order or direction as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the present petition"
6. This Court on 30.04.2021 issued notice in the instant petitions. On 01.02.2022 this Court passed the following Order:
"1. Mr. Mehra has taken us through the status report filed by the GNCTD. We are happy to note the progress made on practically all the fronts that were needed to be addressed. It is reported that the website of the Delhi Government continues to update the real time information with regard to availability of beds both in Hindi and English.
2. The EWS Covid beds, identified in private hospitals, are also visible on the Covid-19 data management portal accessible by the registered users i.e. Government functionaries. The integration of this data on "Delhi Fights Corona Website", which is open to public view, is under process. The endeavour of the Government should be to place all this information in the public domain, so as to not only make the facility available to the public easily, but also to be able to maintain vigilance.
3. It is stated that the cabinet of the Delhi Government has taken a decision to engage M/s NEC Corporation Limited for developing health information management system. The said company has started the development W.P.(C) 5050/2021 etc. Page 9 of 26 of modules as required by different hospitals to provide an end to end solution for all information related to health institutions. The company is engaging with various hospitals to finalise the work flow of the user interface of different modules. It is stated that the governance structure as per the RFP has already been put in place and it is expected that some of the major modules should be ready by April, 2022. We have suggested to Mr. Mehra that the possibility of developing a mobile application should be explored, so that users can access information through the mobile application with regard to availability of nearby hospitals; the specialities that they are offering and the bed availability position. Other medical related services such as booking an ambulance, reserving a bed etc. should also be accessible through the same mobile application. Mr. Mehra, states that the Government would examine the feasibility of developing such a mobile application in the near future.
4. The status report also indicates that the data and statistics available with the Union of India and the GNCTD are being regularly uploaded on the website of the Ministry of Health and Family Welfare. This exercise should be continued even after the pandemic has abated. The status report also places on record the current status of bed escalation, escalation of beds planning and other aspects relevant for the purpose of fighting the Covid 19 pandemic. It appears that presently there is sufficient capacity to meet the current needs. Mr. Mehra states that the Government would work to optimize the utilisation of its resources, so that the facilities could be re-erected and made operational promptly, as and when required.
5. On account of the current wave of the pandemic, several facilities and departments in the Government W.P.(C) 5050/2021 etc. Page 10 of 26 hospitals are shut. Looking to the reduced prevalence of the Covid 19 disease and the falling numbers as well as the positivity rate, it is hoped that the respondent - GNCTD would take a prompt decision to make all facilities in Government hospitals operational, so that people ailing from diseases other than Covid -19, can get treatment.
6. Mr. Mehra has also drawn our attention to tabulations to show the disbursal of ex-gratia amounts to the kin of deceased/victims of Covid 19. From the said tabulation, it appears that in respect of 25,561 reasons (which Mr. Mehra states should be 25,581) ex- gratia Rs. 50,000/- has been disbursed by the GNCTD. Another instalment of Rs. 50,000/- would be provided by the GNCTD under the scheme of the Central Government, namely, Delhi Disaster Relief Fund. The said tabulation shows that 591 applications/ case for disposal of ex-gratia payment to the kin of the deceased/victims are still pending. From the tabulation, the reason for the said pendency is not clear. We request Mr. Arora, Secretary, DSLSA to collect the data in respect of these pending applications and examine, as to why, they are pending and take necessary steps to enable the processing of the applications. The GNCTD shall provide all particulars to Mr. Arora within the next 2 weeks. We also find that many applications have been rejected. Mr. Arora should also have it examined as to whether these rejections were justified, or not, and if the rejections occurred on account of deficiency of documents, if so, DSLSA shall provide its services to the concerned persons, so that the applications could be re-filed with complete documentation. The GNCTD shall provide to Mr. Arora, the particulars of the applications rejected, along with the reasons for rejection. Let the same be done within the next 2 weeks.W.P.(C) 5050/2021 etc. Page 11 of 26
7. The GNCTD has also placed on record the tabulations providing data with regard to disbursal of „Mukhyamantri COVID-19 Pariwar Aarthik Sahayata Yojna‟ i.e. the monthly financial assistance to the family of the deceased. An amount of Rs. 2,500/- per month is being disbursed to the children (upto 25 years), who have lost one or both parents to Covid-19.
From the tabulation it appears that as on date 1,153 applications are pending with the revenue department, 231 applications are pending since queries placed to the next of kin of the deceased have not been answered, and in 1,856 cases, the applications have been rejected. At the same time, out of 13,658 cases, 10,347 cases have been approved and financial assistance has started in 9,522 cases, and verification of the details is pending in 825 cases.
8. We request Mr. Arora to look into the pending cases with the applicants, as well as cases which have been rejected by the SDM. The particulars of all such cases shall be provided to Mr. Arora by the GNCTD within next two weeks. In respect of rejected cases, the reasons should also be provided. Let the progress made by the DSLSA, in respect of all aforesaid cases, be filed before the next date.
9. Mr. Mehra has also submitted that in the light of the changed situation, the DDMA should also look at the several orders issued by it in relation to Covid-19 protocols. We hope and expect the DDMA to look into all aspects, and premised on medical opinion issue fresh rational and reasonable orders with regard to Covid-19 protocols.
10. List on 04.04.2022."
7. A Status Report has been filed showing the work done by the State. The same reads as under:
W.P.(C) 5050/2021 etc. Page 12 of 26Directions contained in Humble response on behalf S.No. Para No. Order dated 01.02.2022 of Government of NCT of of this Hon'ble Court Delhi.
1 2 The EWS Covid beds, Integration of EWS identified in private category data with Delhi hospitals, are also visible Fights Corona Website has on the Covid-19 data already been done.
management portal accessible by the registered users i.e. Government functionaries. The integration of this data on "Delhi Fights Corona Website", which is open to public view, is under process. The endeavour of the Government should be to place all this information in the public domain, so as to not only make the facility available to the public easily, but also to be able to maintain vigilance.W.P.(C) 5050/2021 etc. Page 13 of 26
2 3 It is stated that the Letter of Intent has been cabinet of the Delhi issued to M/S NEC Government has taken a corporation Ltd. And the decision to engage M/s said agency has started NEC Corporation work on the module. All Limited for developing the modules of health health information information management management system. The system for the 2 hospitals said company has started namely, Guru Teg Bahadur the development of Hospital & Guru Govind modules as required by Singh Hospital) and allied different hospitals to medical institutions will be provide an end to end completed by Sep 2022 and solution for all then it will be scaled up to information related to all hospitals and allied health institutions. The medical institutions by company is engaging March 2022.
with various hospitals to finalise the work flow of Mobile application will the user interface of also be developed along different modules. It is with the software solution stated that the being provided by the governance structure as agency. per the RFP has already been put in place and it is The project details are W.P.(C) 5050/2021 etc. Page 14 of 26 expected that some of the summarized herewith and major modules should be marked as Annexure-A. ready by April, 2022. We have suggested to Mr. Mehra that the possibility of developing a mobile application should be explored, so that users can access information through the mobile application with regard to availability of nearby hospitals; the specialities that they are offering and the bed availability position. Other medical related services such as booking an ambulance, reserving a bed etc. should also be accessible through the same mobile application. Mr. Mehra, states that the Government would examine the feasibility of W.P.(C) 5050/2021 etc. Page 15 of 26 developing such a mobile application in the near future.
3 4 The status report also The Government is in indicates that the data preparedness of any and statistics available emergent eventuality with the Union of India wherein the services would and the GNCTD are be reactivated on short being regularly uploaded notice.
on the website of the Ministry of Health and Family Welfare. This exercise should be continued even after the pandemic has abated.
The status report also places on record the current status of bed escalation, escalation of beds planning and other aspects relevant for the purpose of fighting the Covid 19 pandemic. It appears that presently there is sufficient W.P.(C) 5050/2021 etc. Page 16 of 26 capacity to meet the current needs. Mr. Mehra states that the Government would work to optimize the utilisation of its resources, so that the facilities could be re-
erected and made operational promptly, as and when required.
4 5 On account of the current In view of decrease in wave of the pandemic, positive rate of Covid-19 several facilities and cases in Delhi, the number departments in the of Covid beds/Covid ICU Government hospitals are beds in the Hospitals under shut. Looking to the GNCTD and DCHC has reduced prevalence of the been de-escalated vide Covid 19 disease and the Order dated 23.02.2022. A falling numbers as well copy of the Order dated as the positivity rate, it is 23.02.2022 is annexed hoped that the respondent herewith and marked as
- GNCTD would take a Annexure B. prompt decision to make all facilities in Government hospitals W.P.(C) 5050/2021 etc. Page 17 of 26 operational, so that people ailing from diseases other than Covid
-19, can get treatment.
5 6 6. Mr. Mehra has also In this regard, it is stated drawn our attention to that Rs.50,000/- is being tabulations to show the paid to the kin of each of disbursal of ex-gratia the deceased person due to amounts to the kin of Covid-19 from Delhi deceased/victims of Disaster Response Fund. In Covid 19. From the said addition Rs.50,000/- to tabulation, it appears that each of the kind of the in respect of 25,561 deceased persons due to reasons (which Mr. Covid-19 are being paid Mehra states should be under Mukhymantry 25,581) ex-gratia Rs. Covid-19 Pariwar Arthik 50,000/- has been Sahayata Yojana from disbursed by the funds of Delhi GNCTD. Another Government.
instalment of Rs.
50,000/- would be Revenue Department,
provided by the GNCTD GNCTD is the Nodal
W.P.(C) 5050/2021 etc. Page 18 of 26
under the scheme of the Department for payment of Central Government, ex-gratia assistance to the namely, Delhi Disaster kin of deceased person due Relief Fund. The said to Covid-19. In terms of tabulation shows that 591 Hon'ble Supreme Court of applications/ case for India Order, the concerned disposal of ex-gratia Deputy Commission's payment to the kin of the office is responsible for deceased/victims are still payment of ex-gratia pending. From the assistance.
tabulation, the reason for In case of any grievances the said pendency is not of any applicant, Grievance clear. We request Mr. Redressal Committee to Arora, Secretary, DSLSA relook each of the rejected to collect the data in cases by the district offices respect of these pending afresh and decide the case applications and as per guidelines issued by examine, as to why, they the Revenue Department in are pending and take compliance of Hon'ble necessary steps to enable Supreme Court order. the processing of the Applicants are also free to applications. The approach the GRCs for GNCTD shall provide all redressal of their particulars to Mr. Arora grievances regarding death within the next 2 weeks. certificates.
W.P.(C) 5050/2021 etc. Page 19 of 26We also find that many The Grievance Redressal applications have been Committee constituted in rejected. Mr. Arora each of the 11 Districts of should also have it GNCT, Delhi vide Order examined as to whether No.1(630)/DDMA(HQ)/x these rejections were Gratia./Guideline/2021/436 justified, or not, and if dated 11.11.2021. A copy the rejections occurred on of the order dated account of deficiency of 11.11.2021 is annexed documents, if so, DSLSA herewith and marked as shall provide its services Annexure C. to the concerned persons, so that the applications could be re-filed with complete documentation.
The GNCTD shall provide to Mr. Arora, the particulars of the applications rejected, along with the reasons for rejection. Let the same be done within the next 2 weeks.
6 7&8 7. The GNCTD has also The Revenue Department, placed on record the GNCTD issued a orders W.P.(C) 5050/2021 etc. Page 20 of 26 tabulations providing vide No.1(650)/DDMA data with regard to (HQ)/Ex disbursal of gratia/Guideline/Part- 'Mukhyamantri COVID- 2/2021/541 dated 19 Pariwar Aarthik 04.01.2022 and No. Sahayata Yojna' i.e. the 1(645)/DDMA (HQ)/Ex monthly financial gratia/Guideline/Part- assistance to the family 1/2021/556 dated of the deceased. An 22.01.2022 (A copy of the amount of Rs. 2,500/- per Guidelines is annexed month is being disbursed herewith and marked as to the children (upto 25 Annexure D.) By virtue of years), who have lost one the said order, guidelines or both parents to Covid- for release of ex-gratia
19. From the tabulation it assistance have been appears that as on date framed by the Revenue 1,153 applications are Department, GNCT of pending with the revenue Delhi and circulated to the department, 231 districts and also placed on applications are pending the website of the DDMA. since queries placed to Wide publicity in print and the next of kin of the electronic media was also deceased have not been carried out. The details answered, and in 1,856 regarding the payment of cases, the applications ex-gratia assistance made W.P.(C) 5050/2021 etc. Page 21 of 26 have been rejected. At by the Revenue the same time, out of Department are as under:-
13,658 cases, 10,347 Total applications cases have been approved received: 36627 and financial assistance No. of claims settled has started in 9,522 : 28443 cases, and verification of No. of claims the details is pending in rejected: 900 825 cases. No. of applicants outside NCT of
8. We request Mr. Arora Delhi : 836 to look into the pending The information is upto cases with the applicants, 28.02.2022.
as well as cases which have been rejected by the By letter dated 31.03.2022, SDM. The particulars of it was informed to Dy. all such cases shall be Director (F& S), provided to Mr. Arora by Department of Social the GNCTD within next Welfare, GNCTD that the two weeks. In respect of rejected cases has already rejected cases,the been Welfare, GNCTD reasons should also be that the rejected cases has provided. Let the already been shared with progress made by the DSLSA and in this regard, DSLSA, in respect of all an access to NIC portal W.P.(C) 5050/2021 etc. Page 22 of 26 aforesaid cases, be filed where Ex-gratia before the next date. applications are applied and processed, has already been provided to Mr. Suresh Bhardwaj, Judicial assistant on the request of Mr. Kanwal Jeet Arora, Member Secretary, DSLSA A copy of the letter dated 31.03.2022 is annexed herewith and marked as Annexure E. 7 9 Mr. Mehra has also In the light of Ministry of submitted that in the light Home Affairs, Govt. of of the changed situation, India Order No.40-3/2020- the DDMA should also DM-I(A) dated 25.02.2022 look at the several orders (A copy of the order dated issued by it in relation to 25.02.2022 is annexed as Covid-19 protocols. We Annexure F) vide which hope and expect the States/UTs Government DDMA to look into all were directed to reopen aspects, and premised on economic and social medical opinion issue activities on risk fresh rational and assessment based approach reasonable orders with in the light of this directive W.P.(C) 5050/2021 etc. Page 23 of 26 regard to Covid-19 Covid situation in NCT of protocols. Delhi was reviewed in the DDMA meeting under the Chairmanship of Hon'ble Lt. Governor, Delhi on 25.02.2022 vide order No.F.60/DDMA/COVID-
19/2021/Vil.III/523 dated 26.02.2022 (Annexure G) it has been observed that numbers of Covid-19 cases and positivity rate have declined significantly, also the occupancy of beds in hospitals is very low and the situation vastly improved and therefore it is decided to remove all the restrictions in NCT of Delhi imposed by DDMA.
Vide Notification dated 26.02.2022 fine of Rs.
2000/- for Non wearing of Face Mask/cover in all W.P.(C) 5050/2021 etc. Page 24 of 26 public places has been reduced to Rs. 500/-. (A copy of the order dated 26.02.2022 is annexed as Annexure H) Vide order dated 28.02.2022, Govt. has decided to remove the penalty clause for wearing of mask at public places for the persons travelling together in private four wheeler vehicles w.e.f.
28.02.2022. (A copy of the order dated 28.02.2022 is annexed as Annexure I).
Now by order dated 1.4.2022, the wearing of Mask although has been advised but no penalty is to be imposed for not wearing the same. A copy of the order dated 01.04.2022 is W.P.(C) 5050/2021 etc. Page 25 of 26 annexed as Annexure J.
8. A perusal of the above shows that as far as engaging M/s NEC Corporation Limited for developing health information management system is concerned, a letter of intent has been issued to M/s NEC Corporation Limited for developing health information management system and M/s NEC Corporation Limited has started working on the modules. It is expected that the health information management system will be developed as expeditiously as possible, preferably within eight weeks from today.
9. In view of the above, no further orders are required to be passed in the instant Writ Petitions.
10. Accordingly, the Writ Petitions are disposed of, along with all the pending applications.
11. Be it noted that it is always open to the Petitioners to approach this Court by taking appropriate steps in case need arises in future.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J AUGUST 02, 2022 Rahul W.P.(C) 5050/2021 etc. Page 26 of 26