Supreme Court also wanted to know what use the land and building of Apollo hospital were put to if the lease had not been renewed.
The Justice Kant-led bench asked the expert team to find out from hospital records the number of poor patients who were given free treatment in outdoor and indoor facilities in the last five years. It directed the hospital management to cooperate with the examination of records by experts.
The court also asked the hospital to file an affidavit giving details of free treatment to poor patients and posted the matter for further hearing after four weeks while issuing a warning that “if the hospital is not being run properly and as per the lease agreement, we will not hesitate to give its running to AIIMS”.
Referring to the Sept 22, 2009, judgment of Delhi high court, SC said it was apparent that the hospital management had not adhered to the free treatment obligations stipulated in the lease agreement. It said the HC had issued a series of directions to ensure free treatment to specified percentage of poor patients despite the hospital management taking a stand that it was a commercial venture.
Delhi HC had said in its judgment, “The land was given to the hospital at a token rent of Re 1 per month. In addition to the land, GNCTD contributed substantially to the equity capital as well as to the construction of the hospital. Total investment of the GNCTD is more than Rs 38 crore. It is not permissible for the hospital to turn around and avoid the responsibility undertaken by it under the agreement.”
