The Nagpur bench of the Bombay High Court, expressing deep frustration over more than ten years of non-compliance, has issued a stern warning to private hospitals in the upscale Dhantoli and Ramdaspeth areas. The court is now considering imposing a severe four-times penalty per square foot and even the cancellation of operating licences for hospitals that have illegally converted mandatory parking spaces for other uses.
A Decade of Defiance and Traffic Chaos
The sharp observations were made by a division bench comprising Justices Anil Kilor and Rajnish Vyas during a hearing on Friday. The court was addressing a Public Interest Litigation (PIL) filed by the Dhantoli Nagrik Mandal, represented by counsels Ashutosh Dharmadhikari and Ashwin Deshpande. The PIL highlighted the chronic issues of traffic congestion, illegal parking, and unauthorized constructions by hospitals in these densely populated neighbourhoods.
The bench noted with dismay that despite a series of court orders dating back to 2012, the ground situation has seen negligible improvement. "Nothing improved for over a decade in both Dhantoli and Ramdaspeth. Your officers are responsible for it," the bench told the authorities.
Official Laxity and Failed Committees
The court revealed a pattern of apathy from civic and traffic officials. In April, the bench had directed the formation of a joint committee comprising concerned authorities, the petitioner, and experts to conduct on-site inspections. However, during subsequent hearings, it was informed that key officials repeatedly failed to attend committee meetings.
Names of absent officials, including the ACP (Traffic) and officers from the town planning department, were placed on record. The court also took note of senior civic officers showing laxity in taking action against the erring hospitals. Specific officials named included Dhananjay Jadhav, Abhijit Netam, Rajkumar Meshram, and Pramod Mokhade from the Nagpur Municipal Corporation.
Exploring Stringent Legal and Financial Measures
With its repeated orders yielding no results, the court indicated it would now examine statutory provisions to impose stringent financial penalties. The bench orally questioned why hospitals that flout norms should not be made to pay a heavy price and why their licences issued by health authorities should not be revoked for persistent violations.
In a significant suggestion, the court proposed that any penalty amount recovered from these hospitals could be channelled for public welfare. The funds could be used for:
- Improving civic amenities for Dhantoli residents.
- Providing treatment to needy patients.
- Strengthening traffic management systems.
- Supporting broader development works in Nagpur.
Traffic Rule Enforcement Under Scanner
The judges also expressed strong displeasure over the poor enforcement of traffic regulations. They pointed out that while several roads in Dhantoli were officially declared one-way to ease congestion, these rules were being blatantly ignored on the ground. The bench sharply questioned why effective enforcement was possible in other parts of the city but not in Dhantoli.
Making its stance clear, the court stated that the prolonged failure of authorities to enforce its orders left it with little choice but to consider punitive and regulatory measures against both the hospitals and the responsible officers. The next hearing in the matter has been scheduled after the Christmas vacation. The Nagpur Municipal Corporation was represented by Gemini Kasat, while the state was represented by additional government pleader Deepak Thakre.
