Uttarakhand High Court
WPPIL/50/2020 on 22 February, 2021
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
Writ Petition (PIL) No. 58 of 2020
Writ Petition (PIL) No. 50 of 2020
Writ Petition (PIL) No. 51 of 2020
Writ Petition (PIL) No. 67 of 2020
Writ Petition (PIL) No. 70 of 2020
22ND FEBRUARY, 2021
Mr. Shiv Bhatt, learned counsel for the petitioner in WPPIL No.
58 of 2020.
Mr. Piyush Garg, learned counsel for the petitioner in WPPIL No.
51 of 2020.
Mr. S.N. Babulkar, learned Advocate General assisted by Shri
C.S. Rawat, learned Chief Standing Counsel for the State of
Uttarakhand.
Mr. Rakesh Thapliyal, learned Assistant Solicitor General for the
Union of India.
COMMON ORDER:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
1. In pursuance of the order dated 13.01.2021, Mr. Om Prakash, the learned Chief Secretary, State of Uttarakhand, Mr. Amit Negi, the learned Secretary, Medical Health and Family Welfare, and Mr. Deepak Rawat, the Mela Adhikari are present before this Court through Video Conferencing.
2. In compliance of the order dated 13.01.2021, a detailed affidavit has been filed by Mr. Shailesh Bagauli, the Secretary, Department of Urban Development, Government of Uttarakhand. The same shall be taken on record. Along with the said affidavit, the S.O.P. dated 22.01.2021, issued by the Ministry of Health and Family Welfare, Government of India, has also been filed. Furthermore, in compliance of the order dated 13.01.2021, the District Judge, Haridwar has also submitted a detailed report. Both these documents shall also be taken on record.
3. A bare perusal of the S.O.P. dated 22.01.2021, issued by the Central Government, clearly reveals that a large number of responsibilities have been bestowed upon the State Government for taking various actions for protection of the vulnerable population, for promoting COVID-19 appropriate behavior, for ensuring mandatory COVID-19 RT-PCR negative test report, for taking specific administrative measures for preventing the spread of COVID-19 pandemic during the Kumbh Mela, for ensuring specific technical requirements for preventing the spread of COVID-19 pandemic during Kumbh Mela vis-à-vis 2 health risk assessment, surveillance, laboratory infrastructure, diagnostics and testing, for ensuring that there is sufficient hospital infrastructure, clinical management, infection prevention and control etc. Thus, according to the said S.O.P, large and concrete steps need to be taken by the State Government for making the Kumbh Mela a safe environment, for preventing the emergence and spread of COVID-19 pandemic during the celebration of the Kumbh Mela.
4. In the affidavit filed by Mr. Shailesh Bagauli, the Secretary, Department of Urban Development, Government of Uttarakhand, certain facts have been narrated especially with regard to enhancing the health care system in general, and with regard to increasing the number of bed capacities in the hospitals, both in government and private. However, a detailed report needs to be filed with regard to all the responsibilities bestowed by the Central Government on the State Government.
5. Moreover, Mr. Piyush Garg, the learned counsel for the petitioner in Writ Petition (PIL) No. 51 3 of 2020, submits that it is unclear as to whether vaccination is being carried out for police personnel, sanitation workers, and for the medical staff or not. To this apprehension, Mr. Om Prakash, the learned Chief Secretary, State of Uttarakhand, informs this Court that so far 13,562 police personnel and sanitation workers have been inoculated. Moreover 11,400 medical staff have also been inoculated. He assures this Court that the remaining police personnel, sanitation workers, and the medical staff will be inoculated, and even the second dose of the vaccine would be administered to all the concerned persons before the beginning of the Kumbh Mela, which is scheduled to commence from the 01st of April, 2021.
6. Mr. Om Prakash, the learned Chief Secretary, State of Uttarakhand and Mr. Amit Negi, the Secretary, Medical Health and Family Welfare, inform this Court that initially the State Government had entered into an MOU with the DRDO for construction of a hospital with a capacity of 1000 beds. However, recently in a Cabinet meeting, the learned Cabinet was of the opinion that perhaps such a big hospital need not be constructed as there are sufficient medical facilities 4 available in Haridwar. However, with the sudden rise of COVID-19 cases throughout the country, the Cabinet is planning to review the said decision. But the said decision will be reviewed only after the Central team visits Haridwar in the near future. Mr. Amit Negi, the Secretary, Medical Health and Family Welfare, further informs this Court that in case the said hospital, to be constructed by the DRDO, were to be made functional, the Government shall recruit the medical staff not only from the neighbouring States, but also from the Central pool. The Central Government has also assured the State Government that, if necessary, Doctors from the defence forces would be made available for the duration of the Kumbh Mela i.e. from the 01st of April, 2021 till the 30th of April, 2021. Therefore, Mr. Amit Negi, the Secretary, Medical Health and Family Welfare, assures this Court that sufficient medical staff would be readily available to tackle the emergence and spread of COVID-19 pandemic during the period of one month during which the Kumbh Mela will be celebrated.
7. Mr. Shiv Bhatt, the learned counsel for the petitioner in Writ Petition (PIL) No. 58 of 2020, further submits that, although the Motichur flyover is complete, 5 there are still two bridges, namely, the Dudhadhaari Chowk Bridge and the Singh Dwar Bridge, which need to be completed in order to ensure that there is a free flow of traffic in Hardiwar. Moreover, according to the learned counsel, many of the Ghats are still under repair or renovation. Therefore, according to the learned counsel, a report should be sought from Mr. Deepak Rawat, the Mela Adhikari, with regard to the status of the two bridges, and the status of construction/renovation of the Ghats on the Ganges.
8. Considering the above mentioned facts, this Court directs Mr. Om Prakash, the learned Chief Secretary, to submit a detailed report to this Court with regard to the steps taken by the State Government vis- à-vis the responsibilities bestowed upon the State Government by the S.O.P. dated 22.01.2021.
9. Moreover, Mr. Deepak Rawat, the Mela Adhikari, is directed to submit a report with regard to the civil works being carried out on the two bridges named hereinabove, and with regard to the Ghats which are under repair/renovation on the Ganges. He is further directed to inform this Court with regard to 6 the availability of accommodation, and with regard to the washrooms/toilets and changing rooms, which would be made available to the pilgrims during their stay at Haridwar and Rishikesh.
10. The said reports shall be submitted by Mr. Om Prakash, the learned Chief Secretary and Mr. Deepak Rawat, the Mela Adhikari, on or before the 03rd of March, 2021.
11. The presence of Mr. Om Prakash, the learned Chief Secretary and Mr. Amit Negi, the Secretary, Medical Health and Family Welfare, is hereby dispensed with for the next date. Instead, Mr. Shailesh Bagauli, the Secretary, Department of Urban Development, and Mr. Deepak Rawat, the Mela Adhikari, are directed to appear before this Court through Video Conferencing.
12. The Registry is directed to list this case on 05.03.2021.
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13. Let a certified copy of this order be supplied to the learned counsel for the parties, on payment of the prescribed charges, today itself.
_____________________________ RAGHVENDRA SINGH CHAUHAN, C.J.
___________________ ALOK KUMAR VERMA, J.
Dt: 22nd February, 2021 Rahul 8