Bombay High Court
Subhash Jainarayan Zanwar vs Union Of India, Through Secretary, ... on 30 April, 2020
Author: Manish Pitale
Bench: Manish Pitale
LD-VC-CW-20.20&others.odt
1/21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
LD-VC-CW-11 OF 2020 (PIL)
Shivray Kulkarni Vs. State of Maharashtra & 6 Others
LD-VC-CW-12 OF 2020 (PIL)
Citizen Forum for Equality Vs. State of Mah. and others
WRIT PETN. NO. 3427 OF 2000
AND
LD-VC-CW-22 OF 2020
C.H. Sharma and others -Vs.- State of Maha. and others
PUBLIC INTEREST LITIGATION NO.10 OF 2020
AND
CIVIL APPLICATION NOS.527 OF 2020, LD-VC-CW-5 & 20 OF 2020
Subhash Jainarayan Zanwar Vs. Union of India Thr its Secretary and others
LD-VC-CW-21 OF 2020
IN
PUBLIC INTEREST LITIGATION No.65 OF 2012
Dhantoli Nagrik Mandal Vs. State of Mah. and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.A.C.Dharmadhikari and Mr. Ashwin Deshpande, counsel for the
petitioner/applicant in PIL-65/2012.
Mr. Ram Heda, counsel for the petitioner in PIL-10/2020.
Advocate Mr.Anup Gilda, Amicus Curiae for petitioner in WP-
3427/2000.
Mr. P.V.Navlani, counsel for the petitioner in LD-VC-CW-11/2020
(PIL)
Mr.Tushar Mandlekar, counsel for the petitioner in LD-VC-CW-
12/2020 (PIL).
Mr. Ulhas Aurangabadkar, ASGI for the respondent-Union of India.
Mr. S.Y.Deopujari, GP and Mr. D.P. Thakare, AGP for the
respondent-State Authorities.
Mr. S.M.Puranik, counsel for the respondent-Nagpur Municipal
Corporation.
Mr. S.S.Sanyal and Mr.J. Anand, counsel for the applicant in .
Mr. Prateek Sharma, counsel for the applicant.
CORAM : MANISH PITALE, J.
DATE : 30.04.2020 KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 2/21 WP NO.3427/2000 & PIL 10/2020
Hearing was conducted through video conferencing and the audio and visual quality was proper and hence all the counsel were heard in detail.
2. In pursuance of an earlier order passed by this Court in these petitions concerning COVID-2019 crisis, affidavits have been placed on record before this Court. In the affidavit dated 28/04/2020 filed by the respondent- Divisional Commissioner, Nagpur Division, Nagpur, it has been sated that a Common Collection Center of samples for testing has been set up at the Indira Gandhi Medical College and Hospital, Nagpur. After receiving all samples at such Common Collection Center, the same are distributed in the laboratories of the Indira Gandhi Medical College and Hospital, Nagpur, Government Medical College, Nagpur, All India Institute of Medical Sciences, Nagpur and National Environmental Engineering Research Institute (NEERI) and MAFSU. It is further stated that while distributing the samples to the said laboratories care is being taken to ensure that the reports are provided within 24 hours. Mr.Dipak Thakare, learned Assistant Government Pleader informed this Court that in certain cases reports are received even within 12 hours.
3. In respect of a specific direction given by this Court in the earlier orders, it is stated by the respondent-
KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 3/21 Divisional Commissioner, Nagpur Division, Nagpur that NEERI, Nagpur has one Real-Time Polymerase Chain Reaction Machine (RT-PCR) machine which is functional from 22/04/2020 for COVID-2019 tests. It is further stated that one such machine with the Department of Bio Chemistry, Nagpur University is not functional as approval from the ICMR is awaited and that necessary steps in that regard are being undertaken. Similarly, it is stated that Maharashtra Animal and Fishery Sciences University, Nagpur (MAFSU) has two RT-PCR machines of which one machine is functional from 16/04/2020 and the other being recently installed started functioning from 25/04/2020. In the light of this statement made in the affidavit, this Court finds that efforts are being made by the respondent-State Authorities for making available RT-PCR machines for COVID-2019 tests and that those that are not functional are being updated for being made functional. The respondent- State Authorities and the ICMR are directed to expedite the necessary steps so as to ensure that all available RT-PCR machines are functional at the earliest, in view of the severe pandemic crisis of COVID-2019.
4. The respondent-Collector, Nagpur has also filed an affidavit dated 29/04/2020, responding to certain directions given by this Court in the earlier orders in these matters. It is stated that by Mr. Thakare, the learned Assistant Government Pleader appearing on behalf of the respondent-Collector that presently the reliable test for diagnosis of COVID-2019 is the RT-PCR machine test and KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 4/21 that the Rapid Antibody Test can at best be used for surveillance purposes. In response to a specific query made by this Court in the earlier orders as regards the respondent Authorities undertaking Rapid Antibody Tests and the kits available for the same, it is stated in the affidavit that the State Government had received 71000 Rapid Antibody Test Kits for distribution in hot-spot areas. It is further stated that by a letter dated 20/04/2020 the Director of Health Services, Pune had communicated that the Rapid Antibody Testing Kits should not be used till further orders and that therefore the process of allotment of the said kits was not undertaken. Thereafter, reference was made to a communication dated 27/04/2020 sent by the ICMR to Chief Secretaries of all States and on the basis of said communication, it was contended by Mr. Thakare, learned Assistant Government Pleader appearing for the State Authorities that Rapid Antibody Tests were not being undertaken.
5. In this context, it was pointed out by Mr. Tushar Mandlekar, learned counsel appearing in one of the petitions that a proper reading of the letter dated 27/04/2020 addressed by the ICMR to the Chief Secretaries of all States, would show that ICMR has only stated that the Rapid Antibody Test Kits of two Chinese Companies ought not to be used and that such kits be returned back to the suppliers. It was submitted that the said letter did not disclose any policy decision of the ICMR to do away with Rapid Antibody Tests.
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6. In this context, when a specific query was put to Mr.Ulhas Aurangabadkar, learned Assistant Solicitor General of India appearing for Union of India, he stated on specific instructions of the ICMR that the letter dated 27/04/2020 did not indicate any policy decision on the part of the ICMR to do away with Rapid Antibody Tests. It was submitted that Rapid Antibody Tests could certainly be undertaken for the purposes of surveillance, although the best test for diagnosis of COVID-2019 continued to be the RT-PCR swab test.
7. In view of the specific statement made on behalf of the ICMR by the learned ASGI, this Court is of the opinion that the respondent-State is not justified in refusing to distribute the Rapid Antibody Test Kits and in not undertaking the Rapid Antibody Tests for surveillance. In view of the imminent danger of uncontrolled spread of COVID-2019, surveillance could certainly be an important part of the strategy to control such spread of COVID-2019. In this context, it is relevant that the intervener whom Mr. Tushar Mandlekar represents, had already placed on record list of the Companies providing the Rapid Antibody Test Kits. This includes Indian Companies providing such kits. Therefore, in view of the letter dated 27/04/2020 sent by the ICMR, the State Government can certainly undertake Rapid Antibody Tests using kits of companies other than those stated in the letter dated 27/04/2020, because in respect of the specifically named two companies, the test kits were found to be unreliable.
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8. In view of the above, the respondent No.4 is directed to place on record an affidavit regarding the steps now proposed to be undertaken by the State Government for conducting Rapid Antibody Tests with the reliable kits available. The respondent State Authorities are directed to undertake such tests at least for the purposes of surveillance, since the ICMR has recognized utility of the Rapid Antibody Tests for the purpose of surveillance and prevention of spread of COVID-2019. This becomes all the more significant, considering that the results of the Rapid Antibody Tests are said to be quick and hence of assistance to the State Government in deciding its strategy to deal with areas where there is rapid spread or apprehension of rapid spread of COVID-2019.
9. Mr. Anup Gilda, learned Amicus Curiae submitted that the available RT-PCR test facilities were limited and they were put under extreme strain given the spread of COVID-2019. In that context, it was submitted that apart from the load on the RT-PCR tests being undertaken by the Government facilities, it would be appropriate that private facilities and other Government/Semi Government entities ought to be permitted to undertake the said test. In this context, the learned Amicus Curiae invited attention of this Court that order dated 23/03/2020 passed by this Court in these petitions wherein a direction was given to the respondent-Union of India and the State of Maharashtra to consider granting approval and registration to private laboratories across the State of Maharashtra which were KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 7/21 already equipped with COVID-2019 testing facilities. Attention of this Court was also invited to order dated 23/04/2020 passed by this Court in these petitions wherein it was directed that the issue of grant of approval and clearing of pending requests for approval of private entities by the National Accreditation Board and Collaboration for Laboratories (NABL), would be expedited and the matter would be taken to its logical end.
10. In this context, Mr. Aurangabadkar, learned ASGI informed this Court that insofar as Government facilities are concerned, they are simply required to take clearance and approval from the ICMR for setting up such RT-PCR testing facilities, while private entities are first required to seek accreditation from NABL and then to seek approval from the ICMR. Upon specific instructions, the learned ASGI stated that only one private entity i.e. the Jawaharlal Nehru Medical College, Wardha, had applied for accreditation to the NABL, for undertaking RT-PCR testing. The said proposal was under consideration and it was assured that expeditious action would be taken in that regard. The learned ASGI submitted that submission made before this Court that large number of proposals were pending was not factually correct. It was submitted that all such applications either for accreditation from NABL or for approval from ICMR were routed through AIIMS, Nagpur and that as per the information provided by AIIMS, Nagpur, the aforesaid statement was made regarding only one application that is pending before the NABL. As regards the submission made KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 8/21 by the learned Amicus Curiae proposal of Department of Micro Biology of the University of Amravati for RT-PCR testing, it was submitted that the matter was pending because according to the AIIMS, Nagpur, there was some deficiency in the machinery at the Department of Micro Biology, Amravati, which was required to be made good before the proposal could be sent for approval to the ICMR. This Court believes that all the stakeholders shall take immediate steps for ensuring that further RT-PCR testing centers are set up so that samples can be tested at a faster rate. The applications made by Government/Semi Government/private entities be processed by all stakeholders expeditiously so that more such facilities are available at the earliest in view of the prevailing COVID- 2019 crisis.
LD-VC-CW-11/2020 (PIL) There were two fresh Public Interest Litigations listed today concerning the COVID-2019. Insofar as LD-VC- CW-11/2020 (PIL), Mr. P.V.Navlani, learned counsel submitted that there was spurt of cases in Amravati District of Maharashtra and it was alarming that the State Authorities had not taken necessary steps in that regard. Upon inviting attention of this Court to certain newspaper reports, it was submitted by the learned counsel for the petitioner that the administration in the District of Amravati had been lax in implementing the lockdown due to which KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 9/21 there had been sudden spurt in the number of COVID-2019 cases in Amravati. In this context, prayers were made in the petition for setting up of VRDL Laboratories in Amravati as presently there is not a single such facility available. It was submitted that teams of doctors ought to be constituted by the administration for dealing with the COVID-2019 crisis in Amravati and for providing PPE or Hazmate kits to the health workers dealing with COVID-2019 patients. It was further submitted that FIRs be registered against those violating lockdown norms so that further COVID-2019 in the District of Amravati could be controlled.
2. Hence, issue notice, returnable on 05/05/2020.
3. Learned Government Pleader Shri S. Y. Deopujari waives notice on behalf of respondent-State Authorities. Learned ASGI Mr. Ulhas Aurangabadkar waives notice on behalf of respondent-Union of India.
4. Since the copy of the petition was served on the office of the learned Government Pleader, Mr. S. Y. Deopujari, learned Government Pleader appeared and submitted that he would take instructions on the concerns raised in the petition. It was further submitted that insofar as the absence of testing facilities/laboratory in Amravati was concerned, it was a fact that samples from Amravati were required to be sent to Akola for testing and that in this manner the testing of samples was being undertaken. It was submitted that this Court had already recorded the application submitted by the Department of Micro Biology KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 10/21 of the University of Amravati for approval regarding testing facilities and in that context, it was submitted that if there was any shortfall in the funds with the said department, appropriate application could be made to the State Government for financial aid, which could be considered by the State Government so as to ensure that at least one testing facility center becomes immediately available in the District of Amravati. The learned Government Pleader shall take instructions on the issues raised in this petition, to report to this Court on the returnable date.
LD-VC-CW-12/2020 (PIL) Another fresh LD-VC-CW-12/2020 (PIL) has been filed in this Court wherein prayers have been made in respect of conduct of RT-PCR tests of doctors, and all health workers as well as Police personnel attending COVID-2019 facilities and a direction to the ICMR to immediately frame appropriate guidelines for conducting such tests.
2. Mr.Tushar Mandlekar, learned counsel appearing for the petitioner submitted that Rapid Antibody Tests ought to be undertaken of the citizens and residents of the hot-spot areas so that persons infected with COVID-2019 could be identified and quarantined at the earliest. It was submitted that the ICMR had indeed given certain advisories which were required to be followed. Attention of this Court was invited to one of such advisories in which specific categories of individuals had been identified for KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 11/21 being tested regarding infection of COVID-2019.
3. Issue notice, returnable on 05/05/2020.
4. Learned Government Pleader Shri S. Y. Deopujari waives notice on behalf of the respondent-State Authorities. Learned ASGI Mr. Ulhas Aurangabadkar waives notice on behalf of the respondent-Union of India. Learned counsel Mr. S.M. Puranik waives notice on behalf of the respondent- Nagpur Municipal Corporation, Nagpur.
5. The learned Government Pleader appearing for the respondent-State Authorities submitted that instructions would be taken in this regard.
6. The learned ASGI also submitted that he would take specific instructions regarding guidelines for conducting RT- PCR tests of doctors, health workers and Police personnel attending to COVID-2019 facilities and further as to what could be the strategy for undertaking surveillance tests through the Rapid Antibody Tests on citizens and residents of the hot-spot areas.
7. This Court finds that lockdown was imposed at a nationwide level so as to break the cycle of spread of COVID-2019 and to ensure that community spread would not take place. It appears that such lockdown was part of the strategy to ensure that COVID-2019 did not spread rapidly and exponentially as found in certain countries where lockdowns were not imposed. It appears that the Union of India as well as the State of Maharashtra need to KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 12/21 now seriously consider the issue of undertaking RT-PCR tests of citizens, residents, doctors, health workers and Police personnel at the forefront of the war against COVID- 2019 and further to consider undertaking Rapid Antibody Tests as a matter of surveillance on citizens and residents of hot-spot areas so that those infected by COVID-2019 are identified and quarantined, thereby helping in the war against Pandemic of COVID-2019. Specific instructions be taken by the learned ASGI and the learned Government Pleader in this regard.
LD-VC-CW-5/2020 in PIL 10/2020 This Court has also considered certain applications filed in pending petitions and public interest litigations. In the application filed on behalf of the Nagpur Municipal Corporation Employees Union in PIL No.10 of 2020, the applicant has brought to the notice of this Court the pathetic condition of the Accredited Social Health Activists (ASHA) workers, who are at the forefront of the war against the COVID-2019, as they undertake door to door survey in lockdown condition, working throughout the day for the said purpose. The applicant-Union has brought to the notice of this Court that appropriate remuneration is not being paid to these ASHA workers and basic equipment for protection/security are not provided and further that even refreshments and tea, as also water from time to time, is not being provided to them.
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2. In response to the said application, the Nagpur Municipal Corporation has filed an affidavit stating that the ASHA workers are being paid ₹ 1000/- per month and that 1000/- per month and that now a proposal dated 25/04/2020 has been moved for payment of ₹ 1000/- per month and that 200/- per day to the ASHA workers. It is further stated that sanitizers, gloves, masks and shoes are being provided for personal protection of the ASHA workers and that such workers are provided life/term insurance of ₹ 1000/- per month and that 50,00,000/- in case of death while discharging COVID- 2019 special duties. It is further stated in the reply that ASHA workers can certainly get their own refreshment and that there is no legal provision entitling them to food or tea.
3. In view of the reply filed on behalf of the Nagpur Municipal Corporation, Mr.S.S.Sanyal, learned counsel appearing for the applicant-Union submitted that a meager amount of ₹ 1000/- per month and that 1000/- per month is being paid to the ASHA workers while they are at the forefront of the war against COVID-2019 and that it was an insensitive approach on the part of the Corporation to state that there was no legal obligation on its part to provide food and tea to such workers while they were on the COVID-2019 special duties. It was further submitted that the grievance raised in the application ought to be addressed by the Corporation and the State Authorities, so as to ensure that proper protection is provided to the ASHA workers and further that they are paid appropriate remuneration for the special duties performed by them.
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4. Mr. S.M. Puranik, learned counsel appearing for the Nagpur Municipal Corporation, on instructions, states that apart from amount of ₹ 1000/- per month and that 1000/- per month being paid to them an amount of ₹ 1000/- per month and that 1500/- per month is being paid and that the aforesaid proposal had been already moved for payment of ₹ 1000/- per month and that 200/- per day to the ASHA workers. It was submitted that the said proposal was moved before the Union of India under a Project Implementation Plan (PIP) and that as soon as the funds were released by the Union of India, the daily allowance of ₹ 1000/- per month and that 200/- per day would also be released. A submission was made that the Corporation was suffering from financial crisis and that in this situation, it was difficult to make further payment to the ASHA workers.
5. Having heard the learned counsel for the applicant- Union and the learned counsel appearing for the Nagpur Municipal Corporation, this Court finds that the ASHA workers, who are at the forefront of the war against COVID- 2019 and who are performing special duties, including door to door survey of houses during such crisis, are being treated in a most unfortunate manner by the Corporation. Even if the amounts of ₹ 1000/- per month and that 1000/- per month and ₹ 1000/- per month and that 1500/- per month i.e. total of ₹ 1000/- per month and that 2500/- per month is being paid to the ASHA workers, it is hardly sufficient for survival of such workers. In fact, it is not even remuneration of ₹ 1000/- per month and that 100/- per day to such ASHA workers. It is distressing that those at the forefront of the war against COVID-2019 are meted out with such treatment by the public authorities including the Corporation. In this regard Mr.Aurangabadkar, learned KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 15/21 ASGI submitted that he would take specific instructions before the next date of hearing with regard the proposal of payment of ₹ 1000/- per month and that 200/- per day to the ASHA workers.
6. The Union of India is directed to immediately take a decision on the said proposal moved by the Nagpur Municipal Corporation. It is made clear that if the Union of India fails to take any decision and if the Nagpur Municipal Corporation claims that it does not have the financial capacity to make payment of ₹ 1000/- per month and that 200/- per day to the ASHA workers, on the next date of hearing, this Court will consider passing a specific order directing payment of ₹ 1000/- per month and that200/- per day to the ASHA workers from the date of the proposal i.e. 25/04/2020. The Union of India as well as the Nagpur Municipal Corporation as also the respondent-State Government are expected to take necessary steps before the next date of hearing so as to ensure that the proposed payment of ₹ 1000/- per month and that 200/- per day to the ASHA workers is made so that such warriors on the forefront of the war against COVID-2019 are not left high and dry.
LD-VC-CW-20/2020 IN PIL NO.10/2020 This application has been filed on 28/04/2020 by the petitioner in PIL 10/2020. Mr.Heda, learned counsel appearing for the applicant/petitioner submitted that by this application, the applicant desired to place on record the strategy adopted by the State of Kerala in tackling the COVID-2019 Pandemic and for directions to the State of KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 16/21 Maharashtra to follow the Kerala Model so that the COVID- 2019 crisis in the State of Maharashtra could also be controlled. The learned counsel for the applicant invited attention of this Court to the various steps taken by the Government of Kerala whereby the number of new cases of COVID-2019 stood reduced rapidly. It was further pointed out that at a point in time the number of COVID-2019 cases in Kerala were nearly the same or even more than those in the State of Maharshtra and yet today there is a vast difference between the number of positive COVID-2019 cases in Maharashtra and those in the State of Kerala. It was submitted that the State of Maharashtra ought to implement similar steps.
7. Mr. S.Y. Deopujari, learned Government Pleader submitted that he would take instructions in regard to the prayers made in the application. It was submitted that a Committee headed by the Chief Secretary of the State of Maharashtra was already inspecting the situation on daily basis and strategies were being devised and implemented so as to control the spread of COVID-2019 in the State of Maharashtra. It was submitted that appropriate statement would be made upon instructions, on the next date of hearing.
LD-VC-CW-21/2020 in PIL NO.65 of 2012 An application has been filed in Public Interest Litigation No.65 of 2012 by Dhantoli Nagrik Mandal i.e. the KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 17/21 original petitioner in the PIL. The said PIL concerns the issue of uncontrolled establishment of hospitals in densely populated residential areas and the consequent adverse effect it may have on the local residents. The applicant/ petitioner has filed the present application for quashing order dated 23/04/2020 passed by the Commissioner of Nagpur Municipal Corporation, whereby 12 private hospitals in the city of Nagpur have been directed to be in a state of readiness for management of COVID-2019 patients with all requisite infrastructure, equipment, man power and medicines. It is pointed out that one of such hospitals i.e. Avanti Institute of Cardiology Pvt. Ltd. is located in Dhantoli, Nagpur, which concerns the petitioner i.e. Dhantoli Nagrik Mandal. Mr. A.C. Dharmadhikari, learned counsel appearing for the applicant/petitioner invited attention of this Court to notification dated 14/03/2020 issued by the State of Maharashtra under the Epidemic Diseases Act, 1897. It is pointed that as per the said notification an empowered officer would be taking necessary steps for prevention of outbreak of COVID-2019 and its spread. It is submitted that the empowered officer being the Commissioner of the Nagpur Municipal Corporation has exceeded his Authority in issuing the impugned order dated 23/04/2020, as the said order pertains to treatment of COVID-2019 patients and it has nothing to do with the steps to be taken by the said officer for prevention of outbreak of COVID-2019 and its spread. It is further submitted that if COVID-2019 patients are brought KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 18/21 for treatment to such hospitals located in densely populated areas, there would be clear and present danger of COVID- 2019 spreading in such residential areas where it is already not prevalent. It was submitted that therefore the said order deserved to be set aside.
2. In respect of the said application, Mr. S.M. Puranik, learned counsel appearing for the Nagpur Municipal Corporation took instructions from the responsible officer of the Nagpur Municipal Corporation present in the Court today and made a statement that by the order dated 23/04/2020, the Commissioner, Nagpur Municipal Corporation has initially asked the twelve private hospitals to be in a state of readiness for management of COVID-2019 patients and that the services of such hospitals would be required only after Government Hospitals and facilities were completely saturated and exhausted with the treatment of COVID-2019 patients.
3. Issue notice on the said application, returnable on 05/05/2020.
4. Learned Assistant Government Pleader Shri D.P. Thakare waives notice on behalf of the State Authorities. Learned counsel Mr. S. M. Puranik waives notice on behalf of the Nagpur Municipal Corporation Authorities.
5. The respondent-Nagpur Municipal Corporation shall file an affidavit in response to the concern raised in the said application. In the meanwhile, the aforesaid statement KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 19/21 made on behalf of the Nagpur Municipal Corporation is taken on record.
6. In this context, Mr. Anup Gilda, learned Amicus Curiae submitted that the Nagpur Municipal Corporation should also be asked to keep the corporation hospitals ready for treatment of COVID-2019 patients. In this regard, Mr.S.M. Puranik, learned counsel appearing for the Corporation submitted that he would make a positive statement on the next date of listing regarding the state of readiness of the Corporation Hospitals to treat COVID-2019 patients.
LD-VC-CW-22/2020 in WP No.3427 of 2000 & CAO NO.527/2020 IN PIL 10/2020 There are also other applications on record seeking certain reliefs in the context of dealing with COVID-2019 crisis, in one of which Mr. Prateek Sharma, learned counsel appeared for the applicant and made certain general submissions regarding the strategy that ought to be adopted by the State of Maharashtra to deal with the COVID-2019 crisis faced by the residents of the State of Maharashtra. The learned Assistant Government Pleader assured this Court that all such suggestions would be taken into consideration by the State of Maharashtra while updating its strategy in the war against COVID-2019.
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2. In view of the replies filed on behalf of the respondents and the submissions made by the learned counsel appearing for the Union of India, State of Maharashtra and the Nagpur Municipal Corporation, it becomes evident that efforts are being made by the State Authorities to deal with the alarming situation created by the COVID-2019 crisis.
3. The present public interest litigation, petitions and applications pertain to the concern expressed by the petitioners and the applicants regarding the steps being taken to deal with the COVID-2019 Pandemic. This is not an adversarial litigation and hence, submissions made by the rival parties were heard in that spirit by this Court. There is no doubt that in such a crisis, which is faced by humanity once in few centuries, the Authorities responsible for governance are required to take extreme measures. In such situations the Authorities exercise powers that are kept in reserve and are unprecedented, with the object of addressing such a crisis. In such situation, it is all the more important for the Authorities to take into consideration suggestions given by citizens, voluntary organizations and authorities for improving the strategy of dealing with such a crisis. The Authorities are expected to constantly update their strategy for dealing with the COVID-2019 crisis and while on one hand the powers exercised by the Authorities in such crisis become all pervasive, the Authorities are also accountable to the citizens for dealing with such a crisis. There is no doubt about the fact that the Government KHUNTE ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 05:55:48 ::: LD-VC-CW-20.20&others.odt 21/21 Authorities are best placed to devise such strategies but positive inputs ought to be taken into consideration with the object of dealing with such crisis and to ensure that in the circumstances, as far as possible, minimum inconvenience and maximum relief is made available to the citizens at large.
4. List all the petitions, public interest litigation and applications for further consideration on 05/05/2020.
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