New Delhi, Jun 19 () The Delhi High Court has refused to stay the AAP government's decision to requisition a property of the luxurious Eros Grand Resorts and Hotels Pvt Ltd for converting it into an extended COVID-19 hospital, saying there has been extraordinary rise in coronavirus cases here and drastic measures required to control the situation.
Justice Navin Chawla, conducting the hearing through video conferencing, said there was no merit in the interim application filed by the hotel chain to stay the district authority's order.
The court, however, sought response of the Delhi government on the main petition challenging the June 12 decision requisitioning the hotel for converting it into the extended COVID-19 hospital wherein the medical services shall be provided by the linked identified COVID private hospital for housing and treating persons during the pandemic.
The court has listed the matter for further hearing on the petition on August 11.
The counsel for the hotel submitted the order passed by the District Magistrate/ Chairperson of the District Disaster Management Authority, District East does not reflect any application of mind as there is nothing on record to show the consideration of the relevant factors like feasibility of the hotel being used as a COVID-19 hospital, availability of doctors and nursing staff, availability of the staff with the hotel.
The Delhi government counsel submitted that due to an extraordinary rise in the number of persons infected with COVID-19, desperate measures have been taken for enhancing the caring facilities to such patients.
In this endeavour, due to such emergent situations, the authorities have passed similar orders requisitioning various hotels in the city, the counsel said.
The court, while denying the interim relief, said Judicial notice has to be taken of the extraordinary rise in the number of persons in the city suffering from the COVID-19 virus.
"Such times would require certain drastic measures to be taken by the Government to control the situation. It has to be best left to the experts to frame the policy and implement the same in such times," it said.
It added that the ever rising number of persons infected by the COVID virus and the stress on medical infrastructure is not hidden.
The court noted that the Central Government has issued 'Guidelines for prevention of transmission and Disinfection of hotels/lodging facility where suspect/confirmed COVID-19 cases have housed'.
The Centre has also issued 'Guidance document on appropriate management of suspect/confirmed cases of COVID-19', providing that hotels can be used as COVID-Care Centres, however there is no challenge to these guidelines in this petition, the court said.
The hotel's counsel submitted that in terms of the provisions of Disaster Management Act, compensation is to be paid to the person whose property is being requisitioned and in the government's order, there is no mention of any compensation being paid to the petitioner.
He said the property of the petitioner cannot be requisitioned without payment of adequate compensation.
To this, the Delhi government's counsel said that the district authority's order shall not be given effect to till the time the authorities issue an order clearly providing for compensation to the hotel. SKV HMP SA
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